The High Commissioner submits that in the circumstances the Court's imposition of the death sentence on the current defendant would violate Iraq's obligations under the International Covenant on Civil and Political Rights, specifically article 6 (which protects against arbitrary deprivation of life and details the limitations on permissible imposition of capital punishment); article 7 (which protects against torture or other cruel, inhuman or degrading treatment or punishment or exposure to a real risk thereof) and article 14 (which guarantees the right to a fair trial and appeal). As a consequence the High Commissioner submits that Court should refrain from imposing the sentence of death. ...
At the present phase of proceedings, the High Commissioner is concerned as to four discrete aspects of due process that are of particular relevance. These relate to a fair trial before a competent court and the presumption of innocence, the opportunity to contest evidence in a position of equality, the capacity of defence counsel to exercise an appropriate defence and the adequacy of appeal.
The brief also argues that the requirement that the death sentence must be carried out within 30 days after a defendant's failed appeal breaches the rights of third parties under Articles 2, 6, and 7 to seek an "effective remedy for other grave human rights violations incurring the current defendant's criminal responsibility."
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