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A House with Two Rooms - The Advocates for Human Rights

A House with Two Rooms - The Advocates for Human Rights

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Personal Integrity & Dignity: <strong>The</strong> Right to Life<br />

In 2005, Liberia acceded to the Second Optional Protocol to the International Covenant on Civil<br />

and Political <strong>Rights</strong>, which obligates each state party to ensure that no one <strong>with</strong>in its territory is<br />

executed and to take all necessary measures to abolish the death penalty <strong>with</strong>in its jurisdiction. In<br />

2008, however, Liberia passed new legislation authorizing the death penalty <strong>for</strong> certain crimes, 170 and<br />

individual Liberians have been sentenced to death by Liberia’s courts. 171 Apart from legally-sanctioned<br />

executions as a criminal punishment, Liberia has a long history of extra-legal, arbitrary, and summary<br />

executions. <strong>The</strong> Second Optional Protocol to the International Covenant on Civil and Political <strong>Rights</strong><br />

provides a guiding framework on the right to life. <strong>The</strong> <strong>Advocates</strong> recommends the following:<br />

• In compliance <strong>with</strong> its obligations, the Government of Liberia should immediately repeal<br />

provisions of its criminal code, and any other legislation, that authorize capital punishment.<br />

It should immediately commute the death sentences of any inmates to a punishment that<br />

complies <strong>with</strong> international standards.<br />

• <strong>The</strong> Government of Liberia should ensure that no individual <strong>with</strong>in its jurisdiction is executed<br />

through state sanctioned judicial procedures.<br />

• <strong>The</strong> Government of Liberia should prohibit by law all extra-legal, arbitrary and summary<br />

executions and should ensure that any such executions are recognized as offences in the<br />

criminal code, and are punishable by appropriate penalties which take into account the<br />

seriousness of such offences. 172 <strong>The</strong> law should make clear that exceptional circumstances,<br />

including a state of war or threat of war, internal political instability, or any other public<br />

emergency, should not be invoked as a justification <strong>for</strong> such executions. 173<br />

Personal Integrity & Dignity: Prohibition of Torture and Inhuman & Degrading Treatment<br />

TRC statements from the diaspora reflect that torture and other inhuman and degrading treatments<br />

were endemic during the Liberian conflict. <strong>The</strong> Convention against Torture and Other Inhuman or<br />

Degrading Treatment or Punishment requires that Liberia “take effective legislative, administrative,<br />

judicial or other measures to prevent acts of torture in any territory under its jurisdiction.” 174 <strong>The</strong><br />

Guidelines and Measures <strong>for</strong> the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading<br />

Punishment in Africa (<strong>The</strong> Robben Island Guidelines) provide a framework <strong>for</strong> protecting Liberians<br />

from these practices. <strong>The</strong> <strong>Advocates</strong> recommends the following:<br />

• <strong>The</strong> Government of Liberia should ensure that acts that fall <strong>with</strong>in the definition of torture,<br />

based on Article 1 of the U.N. Convention against Torture, are offenses <strong>with</strong>in the national<br />

legal system. 175<br />

• <strong>The</strong> Government of Liberia should pay particular attention to the prohibition and prevention<br />

of gender-related <strong>for</strong>ms of torture and ill-treatment, as well as the torture and ill-treatment<br />

430

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