Ambassador Rodolfo Benítez Verson, Permanent Representative of Cuba, speaks in explanation of vote on draft resolution L.12 entitled 'Question of the Death Penalty,' presented under item 3 of the agenda. 60th Human Rights Council

Mr. President,

The international community continues to fail to reach consensus on the issue of the death penalty. Resolutions on this issue tabled in the Council, the UN General Assembly and elsewhere are consistently adopted by vote, which is a reflection of differences in positions.

Consideration of the question of the death penalty cannot be detached from the objective conditions and national circumstances of each country.

Cuba is in favour of eliminating the death penalty when the conditions are right. We understand and respect the arguments of those that proposes its elimination or moratorium, as well as the efforts to progressively move towards its abolition.

At the same time, in legitimate defence of its national security, our country has been forced to establish and apply severe laws against terrorist activities and crimes aimed at destroying the Cuban state and the lives of its citizens, always in accordance with the strictest legality and with respect for judicial guarantees.

The application of the death penalty in Cuba is very exceptional.

For many years, no death penalty has been handed down by Cuban courts and it has not been applied since 2003.

No one in Cuba today has been sentenced to this penalty. In 2009, all those sentenced to death were commuted to 30 years or life imprisonment. No woman has ever been executed in Cuba and the imposition of the death penalty on minors under 20 years of age and pregnant women is prohibited.

We are confident that the day may come in the future when the necessary conditions exist to abolish the death penalty in our country, not only because of the ethical and moral convictions of our people, but also because of their deep sense of justice and humanism.

This decision will have to be necessarily linked to the cessation of the US government's policy of aggression, so that Cuba can move forward in a climate of peace in its economic, political and social development, with full assurances of respect for its sovereignty, its self-determination and its very existence as a nation.

Unfortunately, draft resolution L.12 does not adequately reflect Cuba's positions on this issue. Therefore in its current form we cannot support it.

The text does not recognise the sovereign right of all States to develop their own legal system, in accordance with their national conditions and their obligations in the context of international law.

For these reasons, Cuba voted in favor of draft amendments L.36, L.39 and L.58. Our delegation will not participate in the vote of draft resolution L.12 as a whole.

Thank you very much.

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