relevant to the protection of the right to life. judgment of a competent, independent and UDHR sets common standards of impartial court established by law; achievement for all the states; while Article ii) The accused has the right to be 3 sets the general standard for the right to presumed innocent until proven guilty; life, Article 6 paragraph 1 of the ICCPR iii) The accused has the right to have establishes respect for the right to life. Also adequate time and facilities to prepare a in the ICCPR there are clauses defence and to communicate with counsel acknowledging the permissibility of of the accused's choosing; restricting some rights on the grounds such iv) The accused has the right to be tried in as the need to maintain public order such as his or her presence, to defend him or articles 18(3), 19(3), and 21; however, herself in person or through legal arbitrarily depriving even the most hated assistance of his or her own choosing; to of their life is never justified. “terrorists” be informed of this right; and to be Article 4 of the ICCPR provides for the provided legal assistance where the possibility of derogations from rights under interests of justice require; the Covenant ''in time of public emergency However threatening the life of the nation''. v) The accused has the right to have his or the right to life, cannot be derogated from her conviction and sentence reviewed by a even during public emergencies, a higher tribunal according to law." protection accorded to a very limited Through, presuming that the accused is number of rights. guilty, bypassing the judicial system, and While the protection of the right to life not allowing accused persons to properly under international law is stricter, the legal defend themselves, extrajudicial status of extra-judicial executions warrants executions in police encounters are by a deeper discussion. Furthermore only in definition a violation of due process and Articles 6 (right to life) and 14 (right to a the aforementioned safeguards. fair trial) of the ICCPR, the due process C. PREVENTING EXTRAJUDICIAL rights or the minimum safeguards required KILLINGS for an execution by the state to be lawful Preventing extrajudicial executions can be under international law can be found which achieved by eliminating its motives. Efforts includes the following: should be made to protect vulnerable "i) Capital punishment must not be populations, education should be improved, imposed except pursuant to a final
relevant to the protection of the right to life. UDHR sets common standards of achievement for all the states; while Article 3 sets the general standard for the right to life, Article 6 paragraph 1 of the ICCPR establishes respect for the right to life. Also in the ICCPR there are clauses acknowledging the permissibility of restricting some rights on the grounds such as the need to maintain public order such as articles 18(3), 19(3), and 21; however, arbitrarily depriving even the most hated “terrorists” of their life is never justified. Article 4 of the ICCPR provides for the possibility of derogations from rights under the Covenant ''in time of public emergency threatening the life of the nation''. However the right to life, cannot be derogated from even during public emergencies, a protection accorded to a very limited number of rights. While the protection of the right to life under international law is stricter, the legal status of extra-judicial executions warrants a deeper discussion. Furthermore only in Articles 6 (right to life) and 14 (right to a fair trial) of the ICCPR, the due process rights or the minimum safeguards required for an execution by the state to be lawful under international law can be found which includes the following: "i) Capital punishment must not be imposed except pursuant to a final judgment of a competent, independent and impartial court established by law; ii) The accused has the right to be presumed innocent until proven guilty; iii) The accused has the right to have adequate time and facilities to prepare a defence and to communicate with counsel of the accused's choosing; iv) The accused has the right to be tried in his or her presence, to defend him or herself in person or through legal assistance of his or her own choosing; to be informed of this right; and to be provided legal assistance where the interests of justice require; v) The accused has the right to have his or her conviction and sentence reviewed by a higher tribunal according to law." Through, presuming that the accused is guilty, bypassing the judicial system, and not allowing accused persons to properly defend themselves, extrajudicial executions in police encounters are by definition a violation of due process and the aforementioned safeguards. C. PREVENTING EXTRAJUDICIAL KILLINGS Preventing extrajudicial executions can be achieved by eliminating its motives. Efforts should be made to protect vulnerable populations, education should be improved,
GA3.%20SOCHUM.docx