(20) Although States may face particular practical challenges in
achieving accountability in situations of armed conflict, they
must undertake all feasible measures of accountability to ensure
respect for the right to life. Appeals to national security or State
secrecy can never be a valid basis for failing to meet the
obligation to hold those responsible for arbitrary deprivations of
life to account, including during armed conflict or counterterrorism operations.
(21) Transparency is a necessary part of accountability. Transparency about laws, policies, practices and the circumstances of
any limitations of the right to life as well as about the process
and outcomes of investigations is a necessary element in
fulfilling the right to life.
D. The abolition of the death penalty
(22) The African Charter does not include any provision recognising
the death penalty, even in limited circumstances, and the
Commission has on several occasions passed resolutions calling
on States to abolish the death penalty, or to establish a
moratorium in line with the continental and global trend. The
vast majority of African States have now abolished the death
penalty in law or in practice. International law requires those
States that have not yet abolished the death penalty to take steps
towards its abolition in order to secure the rights to life and to
dignity, in addition to other rights such as the right to be free
from torture, and cruel, inhuman or degrading treatment.
(23) Those States which have abolished the death penalty in law
shall not reintroduce it, nor facilitate executions in retentionist
States through refoulement, extradition, deportation, or other
means including the provision of support or assistance that
could lead to a death sentence. Those States with moratoria on
the death penalty must take steps to formalise abolition in law,
allowing no further executions. Beyond the cessation of
executions, a comprehensive moratorium on the death penalty
would also encompass sentencing, whereby prosecutors would
refrain from seeking the death penalty or judges would choose
not to impose it.
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