Une sortie de crise? Rencontre avec Dr Marouan Iskandar et la ministre Raya el Hassan

Rencontre du 30 septembre 2022, à la Fondation Cuture et libertés 

 

Moratorium on Death penalty, United Nations General Assembly, 22 September 2022

  

 

UNGA September 22, 2022

On death penalty – The United Nation General Assembly – 22 September 17, 2022

  

Abstract : In the Middle East we have an accumulation of problematic situations.  Secularism doesn’t exist nor prevail in the Arab Islamic states. Democracy and freedom of speech are a very contingent issue. Death penalty was implemented as a mean to maintain dictatorships or to exercise the political power. In some states, it is used against the drug dealers, and to try to eradicate the homosexuality. Slavery, trafficking, terrorism, Islamism are perpetuated in many Arab states. More importantly, the direct abolition of the death penalty and the modification of penal codes seem very unlikely, as the death penalty in Islam is a matter of faith and religion. The judges have therefore to abide by the law, as they cannot - and have no capacity to - avoid its application. That’s why one can find that a de facto abolition of the capital punishment or a moratorium may be welcomed. 

 

 The Middle East is a very difficult region, where religion, terrorism, intra Islamic tensions, problematic survival for the minorities were and are always a danger for peace and freedom.

The abolition of the death penalty is not always compatible with Islam or religious consideration. That’s why voting for a moratorium may help consecrating a de facto abolition.

The capital punishment remains a problem in the Middle and Near East. And the campaign against it is not easy. As a first look, it seems that the eminent dignity of the human person means very little where the dictatorship and the lack of democracy are the major tool to keep the power or to rule the country. The number of capital executions is not always published. But we now, according to the human rights organizations that in Iran, Saudi Arabia, Egypt, Syria and other Arab states is spectacular. The capital punishment is meant sometimes as a mean of public order against terrorism, or to eradicate drug dealers or homosexuality!

One cannot separate progress of freedom and democracy and the progressive abolition of the death penalty. This is why one should point out that capital punishment is not incompatible with Islam – Palestine, Malaysia, Turkey, and other Islamic have abolished the death penalty. And some Arab states would be willing to understand the sound advantages of abolition: Qatar, Jordan, United Arab Emirates, Bahrein…

That’s what ICDP is working on, thanks to brilliant and experienced commissioners. Missions to Lebanon were led by Mr. Federico Mayor in 2014, followed by a visit by Mr. Robert Badinter. Another mission to Qatar by Bill Richardson and myself was successful; talks with representatives of The United Arab Emirates, attempts to liaise with Iranian diplomats, alerts and publications are constantly released about imminent executions in Saudi Arabia, Egypt and Iran.

Lebanon is a focal point and a strategic target in the middle eastern turmoil’s. It is a secular state, but religious differences are still important. Voting for a moratorium of the death penalty is an indirect way to preserve the de fact abolition.

I was not an activist in the fields of Human Rights. But in 2008, when I arrived to my office as Minister of Justice, my first decision was to refuse to countersign the order for execution of a long list of 19 death penalties that was immediately submitted to me. I felt that such a refusal must be the opportunity to set a draft law for abolishing the capital punishment. In council of ministers I made it clear to representatives of Hizballah that I’ll not sign any similar order. Although some prominent presidents and prime ministers did not agree with my decision, it was welcomed by my successors, law societies and important leaders. As a result, Lebanon has no more executed any one since 2004. And despite the religious contingencies and some Islamic opposition to the principle of its abolition, Lebanon has indirectly abolished de facto the death penalty, while the penal code still mentions it formally and therefore several Lebanese judgements have to formally apply it. The judge is not a legislator.

The agreement between Lebanon and the Secretary General of the U.N. for setting the Special Tribunal for Lebanon in 2007, related to the assassination of Prime Minister Hariri and his companions has stated formally that the death penalty will not be ordered.

In 2011, a law modifying the law on reduction of the criminal penalties has been applied to the death penalty.

Two years ago, after years of voting against the moratorium in the General Assembly of the UN, Lebanon has voted with it. It happened, I should say, thanks to a decision taken by the Minister of Foreign affairs, but without any formal opposition, even by those who promote the capital punishment for the so called “intelligence with the enemy, Israel”. I assume that Lebanon will keep voting with the moratorium for the years to come.

Lately, the minister of interior has submitted a draft law on the reduction of the “jail year”, even in the case of capital punishment.

Not to mention a kind of consensus in order to adopt a legislation giving the amnesty for many Islamic “terrorists”.

I hope that the Lebanon vote with the moratorium will be confirmed!

#UNGA77

High-level side event on:

PATHWAYS TO MORATORIUM ON THE USE OF DEATH PENALTY:

EFFECTIVE AND GOOD PRACTICES FROM MEMBER STATES

co-sponsored by

Italy, Sierra Leone, OHCHR, Amnesty International and the European Union

Date: 22 September 2022 from 11:30 a.m. to 1:00 p.m.

Venue: Delegation of the European Union, 666 Third Ave., 31st Floor, New York,

(hybrid format)

PROGRAM

Welcoming Remarks:

H.E. Marina Sereni, Deputy Minister of Foreign Affairs and International Cooperation, Italy

H.E. David J. Francis, Minister of Foreign Affairs and International Relations, Sierra Leone

H.E. Eamon Gilmore, EU Special Representative for Human Rights

Keynote Speech:

Ms. Nada Al Nashif, Acting UN High Commissioner for Human Rights

Remarks of the Co-chairs of the Inter-Regional Task Force on the Moratorium on Death Penalty

H.E. Penny Wong, Minister for Foreign Affairs, Australia

H.E. Christian Guillermet-Fernandez, Deputy Minister of Multilateral Affairs, Costa Rica

Panel Discussion: Experience Sharing and Supporting Processes

H.E. Luise Amtsberg, Federal Government Commissioner for Human Rights Policy and Humanitarian Assistance, Germany

H.E. Ibrahim Najjar, Vice President of the International Commission on Death Penalty (ICDP)

Mr. Dobby Chew, Director of the Anti-Death Penalty Asia Network (ADPAN)

Representative of Ensemble Contre la Peine de Mort (ECPM)

Q&A (interventions from the floor)

Closing Remarks:

Ms. Agnès Callamard, Secretary General of Amnesty International

Moderator:

Mr Rio Hada, Head of Equality, Rule of Law and Development, UNOHCHR New York