On October 13, 2023, member states of the Human Rights Council voted to reject a proposal, led by countries including Saudi Arabia, to include a provision in a resolution on the death penalty and aligning criminal justice systems with international standards and human rights commitments. The 54th session of the Human Rights Council witnessed a vote on a resolution regarding the issue of the death penalty, aiming to ensure states' compliance with Articles 6 and 14 of the International Covenant on Civil and Political Rights and the right to seek pardon or commutation of sentence.
The proposal emphasized the sovereignty of states and their right to determine appropriate legal penalties, based on the absence of international consensus regarding the definition of the most heinous crimes justifying the death penalty. Furthermore, it included the removal of paragraphs in the resolution that condemned the use of the death penalty for drug-related offences and other charges that do not meet the criteria for "most heinous crimes."
The European Saudi Organization for Human Rights and eight other non-governmental organizations had written to the Human Rights Committee regarding the proposal. They emphasized that the claims made by Saudi Arabia and the leading states directly contradict the official interpretation of Article 6, as presented by the Committee in General Comment No. 36. The General Comment states that the term "most serious crimes" should be interpreted restrictively and only applies to highly grave offences involving intentional killing.
The organizations affirmed in their communication that the proposed amendments might be used by countries to justify improper practices and violations arising from their use of the death penalty. The letter explained that the states seeking the amendments argued that the Committee's comments are not like official international obligations, even though they are part of the international treaty process and have long been treated as such.
ESOHR believes that Saudi Arabia's insistence on including drug-related charges among the "most serious crimes" reveals a disregard for human life and a leniency in using the death penalty. It also reflects confusion and a lack of trust in any official promises, as the Human Rights Commission clearly stated in a statement that drug offences are not violent crimes, and those accused of them deserve a second chance. The organization considers that Saudi Arabia's practices are no longer limited to deceiving the Human Rights Council but also include an attempt to legally frame its violations and influence international decisions related to them.