International Covanant on Civil And Political

Rights
Q: What does the International Bill of Human Rights consist of?
A: The International Bill of Human of Human Rights consists of the
following:
a) The Universal Declaration of Human Rights
b) The International Covenant on Economic, Social and Cultural
Rights; and
c) The International Covenant on Civil and Political Rigths; and
d) The two Optional Protocol
Q: What are the 3 generations of human rights?
A:

First Generation human rights deal essentially with liberty and

participation in political life. They are found in Articles 3 to 21 of
the UDHR and ICCPR

Second Generation human rights are related to equality.

Third Generation human rights are those rights that go beyond

the mere civil and social

Q: What are the rights included in the First Generation Rights?

A: Civil and Political Rights:
1. Freedom from slavery and servitude
2. Freedom from torture and cruel, inhuman or degrading
treatment or punishment
3. The right to recognition everywhere as a person before the
law
4. The right to an effective judicial remedy
5. Freedom from arbitrary arrest, detention or exile
6. The right to a fair trial and pubic hearing by an independent
and impartial tribunal
7. The right to be presumed innocent until proved guilty
GO2| Group 2| Araneta| Francisco| Gueco| Saguin

8. Freedom from arbitrary interference with privacy, family,

home or correspondence
9. Freedom of movement and residence
10. The right of asylum
11. The right to a nationality
12. The right to marry and to found a family
13. The right to own property
14. Freedom of thought, conscience and religion
15. Freedom of opinion and expression
16. The right to peaceful assembly and association
17. The right to take part in the government of ones country and
to equal access to public service in ones country
Q: What are the UN Human Rights Covenants?
A: There are 2 UN Human Rights Covenants, which were both
adopted and opened for signature, ratification and accession by
the General Assembly Resolution 2200A (XXI) of Dec. 16, 1966.
They are:
a)The ICCPR which entered into force on March 23 1976;
constitute a legally binding treaty for the protection of the First
generation human rights.
b) The ICESCR which was entered into force on Jan. 3, 1976,
provides for legally binding treaty for the protection of Second
generation human rights
Q: Why was there a need to have 2 other separate covenants, in
addition to UDHR?
A: Because the UDHR contained both First-generation civil and
political rights and second generation economic, social and
cultural rights, it could not garner the international consensus
necessary to become a biding treaty. Particularly, a divide
developed between capitalist nations, which favoured economic,
social and cultural rights.
To solve the problem, the General Assembly requested the
Commission on Human Rights to draft two Covenants on Human
Rights, one to contain civil and politics rights and the other to
contain economic, social and cultural rights.
1

Q: Are Civil and Political Rights more important that Economic,

Social and Cultural Rights?
False: ECOSOC rights are as important as CCPR. For freedom
from detention, torture, and other forms of political repression
will be meaningless when people are hostage to hunger, disease,
ignorance and unemployment. In the same way, freedom from
social and economic inequities would be in vain without the right
to participation in the determination of the direction of the
society.
Q: How does a State agree to be bound by the terms of a treaty
such as the Covenant and its Optional Protocols?
A: A State can become party to a treaty in one of two main ways.
Firstly, it can sign the treaty, following which, according to the
rules of international law, the State may not act contrary to the
objects and purposes of the treaty. Signature is followed by
ratification. In depositing an instrument of ratification, a State
formally indicates its intent to be bound by the treaty.
Alternatively, a State can accede to a treaty. Accession, whereby
a State that has not signed a treaty agrees to be bound by it, is
equivalent to ratification. The treaty in question typically
provides a short period of time after the date of ratification or
accession before the State is actually bound by the terms of the
treaty. In the case of the Covenant, this is three months.

Q: Can the Covenant be rejected or denounced by a State that

no longer wishes to be bound by it? What about new States
emerging from the break-up of an old State that was a party to
the treaty?
A: No. Unlike many treaties, the concluding provisions of the
Covenant do not provide for denunciation of the treaty allowing a
State party to withdraw from the treaty regime. In these
circumstances, the Committee has taken the view that in the
light of the particular character of human rights treaties such as
the Covenant, which extend basic rights and freedoms to persons
within a State partys jurisdiction, these rights and freedoms may
not be withdrawn once confirmed. Accordingly, once a State has
ratified the Covenant, it is not permitted to withdraw from its
GO2| Group 2| Araneta| Francisco| Gueco| Saguin

obligations by denouncing the treaty. Likewise, States parties

may not denounce the Second Optional Protocol, which does not
contain any provisions on denunciation either.
No. A related issue is the situation in terms of ongoing
applicability of the Covenant when a State party to the Covenant
breaks up into a series of successor States. Applying a similar
approach, the Committee has taken the view that a successor
State succeeds to a predecessor States obligations under the
Covenant. Thus, for example, the Committee views Kazakhstan
as being bound by the Covenant, as a successor State to the
USSR, which was a State party at the time of its dissolution.
Generally, this precise situation does not arise, as successor
States have acted to confirm the applicability of the Covenant in
their jurisdictions, such as by making a declaration of succession.
Similarly, when the United Kingdom and Portugal, as States
parties to the Covenant, returned sovereignty over Hong Kong
and Macau respectively to China, China agreed to apply the
Covenant obligations in those territories, even though it was not
itself a State party to the Covenant.
Q: What is International Convention on Civil and Political Rights?
A: The ICCPR is a key international human rights treaty, providing
a range of protections for civil and political rights. The ICCPR,
together with the Universal Declaration of Human Rights and the
International Covenant on Economic Social and Cultural Rights,
are considered the International Bill of Human Rights.
The ICCPR obligates countries that have ratified the treaty to
protect and preserve basic human rights, such as: the right to life
and human dignity; equality before the law; freedom of speech,
assembly, and association; religious freedom and privacy;
freedom from torture, ill-treatment, and arbitrary detention;
gender equality; the right to a fair trial, and; minority rights.
Q: What does the Covenant asks/ obligates governments to do?
A: The Covenant compels governments to take administrative,
judicial, and legislative measures in order to protect the rights
enshrined in the treaty and to provide an effective remedy.

Q: How many countries have ratified the Covenant?

A: The Covenant was adopted by the U.N. General Assembly in
1966 and came into force in 1976. As of December 2013, 167
countries have ratified the Covenant.
Q: Is the ICCPR applicable in respect of acts done by an armed
force outside of its national territory?
A: YES. Art. 2., par. 1 of the ICCPR binds all parties to it to
respect and to ensure to all individuals within its territorial
jurisdiction the rights recognised in the present Covenant. The
International Court of Justice concluded that the ICCPR is
applicable in respect of acts done by a State in the exercise of its
jurisdiction outside its own territory. The travaux preparatoires to
the Covenant also show that, in adopting the wording chosen, the
drafters of the Covenant did not intend to allow States to escape
their obligations when they exercise jurisdiction outside their
national territory.
Q: Are derogation from the protection of rights allowed under
ICCPR?
A: Yes. Many agreements ensuring the protection of fundamental
human rights often allow derogation from the rights in times of
public emergencies. The ICCPR Article 4 provides for the
derogation clause.
Q: What are the requirements for derogation under the ICCPR?
A: Art. 4 of the Covenant allows a State to limit or suspend the
enjoyment of certain rights under the following conditions:
a) There must be a public emergency which threaten the life of
the nation
b) Such public emergency must be officially proclaimed
c) Derogation are allowed only to the extent strictly required by
the exigencies of the situation
d) The measures taken should not be inconsistent with their
other obligations under International law
e) The measures may not involve discrimination solely on the
ground of race, color, sex, language, religion or social origin
GO2| Group 2| Araneta| Francisco| Gueco| Saguin

Q: What are not subject to limitations or suspension even in

emergency situations?
A: Art. 4(2) of the Convention states that no derogation from
articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be
made under this provision.
These articles protect the right to life, prohibit genocide, to
freedom from torture and other cruel, degrading or inhuman
treatment of punishment, to freedom from enslavement or
servitude, to protection from imprisonment for debt, to freedom
from retroactive penal laws, to recognition as a person before the
law, and to freedom of thought, conscience and religion.
Q: What are the obligations of the State that avails itself of the
right of derogation under Article 4 of the Convention?
A: The State availing itself of the right of derogation shall
immediately inform the other States-parties to the Covenant,
through the intermediary of the Secretary- General of the United
Nations, of the provisions from which it has derogated and of the
reasons by which it was actuated. A further communication shall
be made through the same intermediary, on the date on which it
terminated such derogation. (Art. 4(3)).
Q: Does the ICCPR apply only to the government and its
officials?
A: No. The ICCPR applies to all government entities and agents,
including all state and local governments. The ICCPR thus applies
to government actions in all states and counties, and also applies
to private contractors who carry out government functions.
Q: What are the parts of the Covenant?
A:The Covenant follows the structure of the UDHR and ICESCR,
with a preamble and fifty-three articles, divided into six parts.
Part 1 (Article 1) recognizes the right of all peoples to selfdetermination, including the right to "freely determine their
political status, pursue their economic, social and cultural goals,
and manage and dispose of their own resources. It recognises a
negative right of a people not to be deprived of its means of
subsistence, and imposes an obligation on those parties still
responsible for non-self governing and trust territories (colonies)
to encourage and respect their self-determination.
3

Part 2 (Articles 2 5) obliges parties to legislate where

necessary to give effect to the rights recognised in the Covenant,
and to provide an effective legal remedy for any violation of
those rights. It also requires the rights be recognised "without
distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin,
property, birth or other status, and to ensure that they are
enjoyed equally by women. The rights can only be limited "in
time of public emergency which threatens the life of the nation,
and even then no derogation is permitted from the rights to life,
freedom from torture and slavery, the freedom from retrospective
law, the right to personhood, and freedom of thought, conscience
and religion.
Part 3 (Articles 6 27) lists the rights themselves.
Part 4 (Articles 28 45) governs the establishment and
operation of the Human Rights Committee and the reporting and
monitoring of the Covenant. It also allows parties to recognise
the competence of the Committee to resolve disputes between
parties on the implementation of the Covenant (Articles 41 and
42).
Part 5 (Articles 46 47) clarifies that the Covenant shall not be
interpreted as interfering with the operation of the United
Nations or "the inherent right of all peoples to enjoy and utilize
fully and freely their natural wealth
and resources.
Part 6 (Articles 48 53) governs ratification, entry into force,
and amendment of the Covenant.
Q: What are the ICCPR Core Provisions?
A:
a) Rights to Physical
1. Article 6:The
2. Article 7:The
treatment or
3. Article 8:The

Integrity
right to life and survival.
freedom from inhuman or degrading
punishment.
freedom from slavery and servitude.

GO2| Group 2| Araneta| Francisco| Gueco| Saguin

b) Liberty and Security of Person

1. Article 9:The right to liberty and security of the person and
freedom from arbitrary arrest or detention.
2. Article 10: requires anyone deprived of liberty to be treated
with dignity and humanity.
3. Article 11:The freedom from prison due to debt.
c) Procedural Fairness and rights of the Accused
1. Article 14:The right to equality before the law; the right to be
presumed innocent until proven guilty and to have a fair and
public hearing by an impartial tribunal.
2. Article 15:Freedom from retroactive penal laws
3. Article 16:The right to be recognised as a person before the
law.
d) Individual Liberties
1. Article 12:The right to liberty and freedom of movement
2. Article 13 forbids the arbitrary expulsion of resident aliens and
requires such decisions to be able to be appealed and
reviewed
3. Article 17:The right privacy and its protection by the law.
4. Article 18:The freedom of thought, conscience and religion.
5. Article 19:The freedom of opinion and expression.
6. Article 20:Prohibition of propaganda advocating war or
national, racial or religious hatred.
7. Article 21:The right to peaceful assembly.
8. Article 22:The right to freedom of association.
9. Article 23:The right to marry and found a family
10.
Article 24:The rights for children (status as minors,
nationality, registration and name).
11.
Article 27:The right, for members of religious, ethnic or
linguistic minorities, to enjoy their culture, practice their
religion and use their language.
e) Political Rights
1. Article 25:The right to participate in the conduct of public affairs,
to vote and to be elected and access to public service.
2. Article 26:The right to equality before the law and equal
protection
3. The right of equality before the law prohibits any form of
discrimination. It guarantees to all persons equal and effective
4

protection against discrimination on any ground such as race

color, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status.

Protocol I made by individuals who claim violations of their

Covenant rights by a State party.
Fourth, the Committee has jurisdiction to consider certain
complaints made by a State party that another State party is not
abiding by the obligations assumed under the Covenant

Q: What is the Human Rights Committee?

A. It is the body of independent, participating in their personal
capacity and not as representatives of their country of origin,
experts and monitors implementation of the International
Covenant on Civil and Political Rights by its State parties. The
Human Rights Committee is one of the UN treaty bodies,
responsible for monitoring the implementation of the core human
rights treaties. Currently there are seven human rights treaty
bodies.

Optional Protocols to the International Covenant

on Civil and Political Rights
Q: What are the Optional Protocols to the ICCPR?
A: Optional Protocol is organically related to the Covenant, it is
not automatically in force for all States parties to the Covenant.
Article 8 of the Optional Protocol provides that States parties to
the Covenant may become parties to the Optional Protocol only
by a separate expression of consent to be bound. A majority of
States parties to the Covenant has also become party to the
Optional Protocol.

The Human Rights Committee is composed of 18 independent

experts elected for four-year renewable terms. It meets three
times a year for three-week sessions, normally in Geneva and
New York.
The Human Rights Committee publishes its interpretation of the
content of human rights provisions contained in International
Covenant on Civil and Political Rights, known as general
comments on thematic issues or methods of work.
Q: What are the Functions of the Human Rights Committee?
A. In general, the Human Rights Committees task is to
supervise and monitor the implementation of Covenant
obligations by States parties. It has 4 major responsibilities:
First, the Committee receives and examines reports from the
States parties on the steps they have taken to give effect to the
rights spelled out in the Covenant
Second, the Committee elaborates so-called general comments,
which are designed to assist States parties to give effect to the
provisions of the Covenant by providing greater detail regarding
the substantive and procedural obligations of States parties.
Third, the Committee receives and considers individual
complaints, also known as communications, under the Optional
GO2| Group 2| Araneta| Francisco| Gueco| Saguin

The First Optional Protocol establishes an individual

complaints mechanism, allowing individuals to complain to the
Human Rights Committee about violations of the Covenant. This
has led to the creation of a complex jurisprudence on the
interpretation and implementation of the Covenant. As of July
2013, the First Optional Protocol has 114 parties.

The Second Optional Protocol abolishes the death penalty;

however, countries were permitted to make a reservation
allowing for use of death penalty for the most serious crimes of a
military nature, committed during wartime. As of July 2013, the
Second Optional Protocol had 77 parties.
Under Optional Protocol I

General Information:
5

The Optional Protocol to the International Covenant on Civil and Political

Rights was adopted and opened for signature, ratification or accession
by the same act of the United Nations General Assembly, resolution
2200 A (XXI) of 16 December 1966, that adopted the Covenant itself.
Both the Covenant and the Optional Protocol entered into force on 23
March 1976.
Q: What is the individual complaint mechanism?
A: Article 1 of the Optional Protocol provides that a State party to
it recognizes the competence of the Committee to receive and
consider communications from individuals subject to its
jurisdiction who claim to be victims of a violation by that State
party of any of the rights set forth in the Covenant. It follows that
States parties are obliged not to hinder access to the Committee
and to prevent any retaliatory measures against any person who
has addressed a communication to the Committee.
Q: What is the Purpose of the said Protocol?
A: its purpose is further to achieve the purposes of the
Covenant by enabling the Human Rights Committee, established
in part IV of the Covenant, to receive and consider, as provided
in the present Protocol, communications from individuals
claiming to be victims of violations of any of the rights set forth in
the Covenant. The Optional Protocol sets out a procedure, and
imposes obligations on States parties to the Optional Protocol
arising out of that procedure, in addition to their obligations
under the Covenant.
Q: Who are the individuals that may file a
complaint/communication to the HRC?
A. Any individual. This is not limited to nationals, or to persons
within a States territory, but extends to all persons who are
directly subject to a States exercise of power through its
authorities. Thus, for example, a national of a State party
residing abroad who was denied a passport by that State was
able to bring a claim to the Committee.
Q: How does an individual, believing to be a victim of violation
of the ICCPR, go about filing its complaint?
GO2| Group 2| Araneta| Francisco| Gueco| Saguin

A:

First. Exhaustion of Domestic Remedies

Second. Submission of Written Communication by the Individual
to the Human Right Committee
Third. Notice to the State Party alleged to have committed the
violations of the ICCPR.
It has two main stages:
A. Admissibility Stage- refers to the formal requirements that
a complaint must satisfy before the relevant Committee can
consider its substance.
B. Merits Stage of the case refers to the substance, on the
basis of which the Committee decides whether or not the
alleged victims rights under a treaty have been violated. As a
general rule, the Committee considers the admissibility jointly
with the merits.
Fourth. the State Party must submit its explanation or
statements regarding the communication (clarification, remedy
taken by the State)
Fifth. Committee Shall forward its views to the State Party
Concerned and to the individual.

Q: What is the exhaustion of domestic remedies?

A: A cardinal principle governing the admissibility of a complaint
is that the complainant must have exhausted all relevant
remedies that are available in the State party before bringing a
claim to the Committee. This usually includes pursuing the claim
through the local court system. The mere doubts about the
effectiveness of a remedy do not, in the Committees view,
dispense with the obligation to exhaust it. There are, however,
exceptions to this rule, when proceedings at the national level
have been unreasonably prolonged, or the remedies are
unavailable or would plainly be ineffective. The complainant
should, however, give detailed reasons why the general rule
should not apply. On the issue of exhaustion of domestic
remedies, the complainant should describe in his/her initial
6

submission the efforts he/she has made to exhaust local

remedies, specifying the claims advanced before the national
authorities and the dates and outcome of the proceedings, or
alternatively stating why any exception should apply
Q: Are the views of the Human Rights Committee legally
binding?

No. While the function of the Human Rights Committee in

considering individual communications is not, as such, that of a
judicial body, views issued by the Committee under the Optional
Protocol exhibit some important characteristics of a judicial
decision. They are arrived at in a judicial spirit, including the
impartiality and independence of Committee members, the
considered interpretation of the language of the Covenant, and
the determinative character of the decisions.

The Committees decisions represent an authoritative

interpretation of the treaty concerned. They contain
recommendations to the State party but they are not legally
binding upon the States. All Committees have developed
procedures to monitor whether States parties have implemented
their recommendations (so-called follow-up procedures), since
they consider that by accepting the procedure, States parties
have also accepted to respect the Committees findings.

Throughout history, the Greeks, Romans, and other old peoples

imposed the death penalty. The most notorious perhaps occurred
in about 399 BC when the Greek philosopher Socrates was
required to drink poison for heresy and corruption of youth.
Q: What is the Second Optional Protocol?
A: The Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death
penalty (Protocol) is the only international treaty of worldwide
scope to prohibit executions and to provide for total abolition of
the death penalty. This text, annexed to the United Nations
International Covenant on Civil and Political Rights (ICCPR) in
1989, requires the States that ratify it to renounce the use of the
death penalty definitively.
Q: Who can ratify the Protocol?

Who are the parties?

(Enumerate)

A: The Protocol is open for signature and ratification by any State

party to the International Covenant on Civil and Political Rights
(ICCPR)
Q: When was it adopted and when did it enter into force?
A: It was adopted by the UN General Assembly with resolution
44/128 of 15 December 1989 and it entered into force on 11 July
1991 after its tenth ratification.
Q: What does it say?

Optional Protocol II
Q: What is the origin of the death penalty?
A: As far back as the Ancient Laws in China, the punishment of
death was established for committing crimes. The earliest
recorded codification of death penalty as a punishment was the
Code of King Hammurabi of Babylon in 18th century BC.
GO2| Group 2| Araneta| Francisco| Gueco| Saguin

A: The Preamble of the Protocol underscores the significance of

abolition of the death penalty as a measure enhancing human
rights and assumes the commitment of States parties to this end.
Article 1 provides for a ban on executions and for the abolition of
the death penalty within the jurisdiction of States parties. Article
2 allows States to reserve the right to apply the death penalty
during wartime for serious military crimes committed during
wartime. Article 6 further specifies the non-derogable nature of
the ban on executions, even in times of public emergency.
Articles 3, 4 and 5 concern the reporting obligations of States
parties and the complaints procedure and, finally, Articles 7 to 11
7

cover the procedural issues.

Q: Are reservations allowed under the Protocol?

A: Article 2 allows States to reserve the right to apply the death
penalty in time of war pursuant to a conviction for a most serious
crime of a military nature committed during wartime. This
reservation can only be made at the time of ratification. Since no
other reservation may be made at any time, States parties to the
Protocol are committed to abolition even in the event of future
changes in national legislation.

Q: Have States made any reservations?

A. The current reservations read as follows:
Azerbaijan: "It is provided for the application of the death
penalty in time of war pursuant to a conviction of a person for
a most serious crime of a military nature committed during
wartime."
Brazil: "... with an express reservation to article 2."
Chile: "The State of Chile formulates the reservation
authorised under article 2, paragraph 1, of the Second
Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty,
and may in consequence apply the death penalty in time of
war pursuant to a conviction for a most serious crime of a
military nature committed during wartime."
Greece: Subject to article 2 for the application of the death
penalty in time of war pursuant to a conviction for a most
serious crime of a military nature committed during wartime.

application of death penalty for the grave crimes, committed

during the war or in condition of the threat of war."
Following objections from France, Finland, Germany, Sweden,
and Netherlands that the reservation was in contradiction
with Article 2 of the Protocol, on 28 September 2000, the
Government of Azerbaijan communicated to the SecretaryGeneral a modification to its reservation made upon
accession.

Q: What are the Duties of the State Parties to the Second

Optional Protocol?
A. Under the Second Optional Protocol the main duties of State
parties are to ban executions within their jurisdiction and to take
all necessary measures to abolish the death penalty within their
jurisdiction.
States that are signatories to the Covenant but have not yet
ratified it are not bound by the obligations contained in the
Covenant. However, under the law of Treaties established by the
Vienna Convention on the Law of Treaties (1969), a State which is
signatory to a Convention is obliged to refrain from acts which
would defeat the object and purpose of a treaty.
In the case of the Second Optional Protocol it can be argued that
by becoming signatories to the Protocol States are prohibited
from carrying out executions within their territory as this would
be seen as violating the object and purpose of the treaty.

Q: Is the Second Optional Protocol the only international

instrument on the death penalty?

Cyprus, Spain and Malta have withdrawn their reservations.

A. Currently there are four international treaties which provide for

the abolition of the death penalty. The Second Optional Protocol
is the only one of worldwide scope.

Azerbaijan initially made the following reservation "The

Republic of Azerbaijan, adopting the [said Protocol], in
exceptional cases, adopting the special law, allows the

The other three which have regional scope and are:

Protocol No. 6 to the Convention for the Protection of Human
Rights and Fundamental Freedoms [European Convention on

GO2| Group 2| Araneta| Francisco| Gueco| Saguin

Human Rights] concerning the abolition of the death penalty,

adopted by the Council of Europe in 1982, provides for the
abolition of the death penalty in peacetime; States parties may
retain the death penalty for crimes "in time of war or of imminent
threat of war".
Protocol No. 13 to the Convention for the Protection of Human
Rights and Fundamental Freedoms [European Convention on
Human Rights] concerning the abolition of the death penalty in
all circumstances, adopted by the Council of Europe in 2002,
provides for the abolition of the death penalty in all
circumstances, including time of war or of imminent threat of
war.
The Protocol to the American Convention on Human Rights to
Abolish the Death Penalty, adopted by the General Assembly of
the Organization of American States in 1990, provides for the
total abolition of the death penalty but allows countries parties to
retain the death penalty in wartime if they make a declaration to
that effect at the time of ratifying or acceding to the Protocol.

A: The Second Optional Protocol is significant at a national level

since it virtually precludes reinstatement of the death penalty.
Indeed, any State party wishing to reintroduce the death penalty
would first have to withdraw from the Protocol. Unusually there is
not a withdrawal mechanism in the Protocol. The absence in the
Protocol of a procedural clause for withdrawal means that once a
State has ratified the Second Optional Protocol the death penalty
can never be reintroduced without violating international law.

Q: Who is Leo Echegaray?

A: On June 25, 1996, Leo Echegaray was convicted for the crime
of raping his ten-year old daughter sometime in April 1994. First
person to be given the death penalty in the Philippines after it
was reinstated in 1993.

Q: Is it applicable immediately after the ratification?

Q: What is RA 7659
A. The Protocol provides for no delay in its implementation after
ratification. Any delay in the implementation of its provisions
would amount to a violation of the Protocol. In other words, from
the moment a State ratifies it has the obligation not to execute
anyone within its jurisdiction and to abolish the death penalty
immediately.

Q: What happens with the persons already condemned to

death?
A. Given the clear prohibition of executions contained in the
Protocol, the State would be obliged to commute the sentences.
The Second Optional Protocol obliges a country in all
circumstances to ensure it exposes no one to the real risk of
execution.
Q: Would the death penalty be abolished definitely in a State
party? Is it the Second Optional Protocol irrevocable?
GO2| Group 2| Araneta| Francisco| Gueco| Saguin

A: an Act to impose the death penalty on certain heinous crimes

Q: What crimes carry the death penalty in the Philippines?
A:

1. Treason
2. Piracy and Mutiny
3. Qualified bribery
4. Parricide
5. Murder
6. Kidnapping and serious illegal detention
7. Robbery with violence against or intimidation of persons
8. Destructive arson
9. Rape
10. Plunder
11. Prohibited drugs

Q: Has the Philippines ratified the a 2nd optional protocol?

A: No. The Philippines signed the second optional protocol last

September 2006 but has not ratified it.
Q: What might be the reason for the refusal of the Philippines to
ratify it? (Follow up only)
A: One possible reason is that lawmakers still consider the death
penalty as a deterrent of crimes. Some believe that if the death
penalty would be the consequence of committing such crimes
then the person would think twice before acting. Another reason
could be the fact that some people strongly believe in the
protection of the rights of the victim and they have the thinking
that imposing the death penalty to the accused is the only way to
make the victims or their families feel that justice is properly
served.
Q: The Philippines became the first Asian country to abolish the
death penalty. Under what constitution was the death penalty
abolished?
A: 1987
Q: Does the constitutional abolition of the death penalty, which
immediately took effect upon ratification of the constitution,
prevent the legislation from re-imposing such at a future time?
A: No
Q: In 1993, a series of serious (heinous) crimes were committed
during the first part of the administration of Fidel V. Ramos.
What was the law passed to address the issue?
A: RA 7659, an act to re-impose the death penalty on certain
heinous crimes
Q: RA 8177 mandates the method to be used to carry out the
death penalty in the Philippines. What is the method?

Q: In 1999, then president Joseph Estrada carried out the capital

punishment for seven convicts. Did the crime rate increase or
decrease after the executions? By how much?
A: The crime rate increased by 15.3%
Q: On June 24 2006, the president of the Philippines signed RA
9346. What is this bill?
A: An act prohibiting the imposition of the death penalty

Death Penalty Trivia

Q: What Ancient civilization imposed the death penalty for
killing cats?
A: Cats in ancient Egypt were praised for controlling vermin and
its ability to kill snakes. Believed to be a reincarnation of the God
Bast, cats were even mummified and offered to the Gods upon
death.
Q: What Ancient civilization imposed the death penalty for
killing cats?
A: Cats in ancient Egypt were praised for controlling vermin and
its ability to kill snakes. Believed to be a reincarnation of the God
Bast, cats were even mummified and offered to the Gods upon
death.
Q: What Country utilizes a fleet of Mobile Execution Vehicles?
A: After legalizing lethal injection as a form of execution in 1997,
the Peoples Republic of China began using Mobile Execution
Vehicles. It has been hailed as a more humane, practical, and
cost efficient way of delivering the punishment.

A: Lethal injection
Q: How much does lethal injection as a method of execution
cost?

GO2| Group 2| Araneta| Francisco| Gueco| Saguin

10

A: At 2012, the drugs employed cost around $89, today, they

cost about $222 for the drugs alone.

GO2| Group 2| Araneta| Francisco| Gueco| Saguin

11