Vol. 574 No. 3
15 Mr. Connaughton asked the Minister for Foreign Affairs if his attention has been drawn to the fact that seven youth offenders in the Philippines have been sentenced to death even though their sentences relate to crimes committed when they were under the age of 18; and if his Department has raised this matter, and the convention on the rights of the child, with the Philippine Government. [26795/03]
I am aware of the recent Amnesty International report – Philippines, Something Hanging Over Me: Child Offenders under Sentence of Death, published on 3 October 2003, which lists seven individuals who were all reportedly under the age of 18 at the time of offending. All are under sentence of death, which is contrary both to Philippine and international law. Despite the fact that the law which reintroduced the death penalty makes it clear that it should not be imposed "when the guilty person is below eighteen years of age at the time of the commission of the crime," this happens in cases where documentary evidence of the age of the accused may not be available.
The Philippines moved against worldwide trends by reintroducing the death penalty in late 1993. It had previously been abolished in 1987. Seven people were executed before President Estrada introduced a moratorium to mark the Christian jubilee year in 2000. President Arroyo continued the de facto moratorium but lifted it in mid-2001. The death penalty was again suspended in September 2002, when a bill for its abolition was presented to congress. This bill has not yet been passed into law. President Arroyo indicated recently that the continuation of the moratorium in cases relating to illegal drugs may be difficult. However, there have been no official announcements of a lifting of the moratorium; neither have any dates been set for new executions.
The death sentence may be imposed for a total of 46 crimes, 23 of which incur a mandatory death sentence. Offences incurring a mandatory death sentence include aggravated rape, bribery committed by a public officer, kidnapping for ransom, arson resulting in death and certain drug offences. The death penalty may also be imposed for murder, robbery, treason, piracy and economic plunder.
As the Deputy will be aware, Ireland, along with its EU partners, is adamantly opposed to the use of the death penalty. The EU position on this issue is clearly set out in the EU Guidelines on the Death Penalty, adopted in 1998, which seek the universal abolition of the death penalty. These guidelines state that where the death penalty still exists, the EU will continue to press for its use to be progressively restricted, including in the cases of juvenile offenders. The Philippines has also yet to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims at the abolition of the death penalty.
With regard to the UN Convention on the Rights of the Child the EU has consistently urged states that have not yet done so to sign, ratify and fully implement the terms of the convention. The convention unreservedly prohibits the imposition of the death penalty on persons below 18 years of age at the time of the commission of the offence. As a state party to the convention, the Philippines has undertaken not to impose capital punishment or life imprisonment on juvenile offenders.
