The Death Penalty in Japan
derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
2.No derogation from Articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
No derogations can be made from Article 6 (life), 7 (torture), 8 (slavery), 11 (imprisonment for debt), 15 (retrospective criminal offence), 16 (recognition as a person in law) and 18 (freedom of thought, conscience and religion). Tese rights must always be respected although what amounts to a violation of them may depend on the context. Other rights (eg Article 9 detention) may be interfered with in a time of national emergency, but only if that is permissible under other international obligations, it is done without discrimination and because it is strictly necessary.
Preliminary observations on the right to life and the prohibition of torture and related ill-treatment
Te right to life and freedom from torture are two rights that are non-derogable in times of war or national emergency. Together they impose restrictions on the use of deadly force by the state including the application of the death penalty. Article 6 is in these terms:
1. Every human being has the inherent right to life. Tis right shall be protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. Tis penalty can only be carried out pursuant to a final judgement rendered by a competent court.
3.When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
4.Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.
6.Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.
Te right to life must be protected by law. Te circumstances in which it may be legitimate to deprive someone of life have to be clearly set out in law, and this applies to the laws of homicide, self-defence, the use of reasonable force to quell disorder or prevent crime, or the use of capital punishment for grave crimes.
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