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    Baroy V Philippines PDF

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    Avatar Kim
    The document summarizes a communication submitted to the UN Human Rights Committee regarding a case in the Philippines. [1] Alfredo Baroy, who was 17 at the time, was sentenced to death for rape despite evidence that he may have been a minor (14 years old) at the time of the offense. [2] The State argued the case was inadmissible as domestic remedies had not been exhausted, but the Supreme Court later reduced the sentence. [3] The Committee found the death penalty claims were now moot but would consider the remaining claims, such as violations of his right to life and liberty.

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    Baroy V Philippines PDF

    Uploaded by

    Avatar Kim
    109 views1 page
    The document summarizes a communication submitted to the UN Human Rights Committee regarding a case in the Philippines. [1] Alfredo Baroy, who was 17 at the time, was sentenced to death for rape despite evidence that he may have been a minor (14 years old) at the time of the offense. [2] The State argued the case was inadmissible as domestic remedies had not been exhausted, but the Supreme Court later reduced the sentence. [3] The Committee found the death penalty claims were now moot but would consider the remaining claims, such as violations of his right to life and liberty.

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    The document summarizes a communication submitted to the UN Human Rights Committee regarding a case in the Philippines. [1] Alfredo Baroy, who was 17 at the time, was sentenced to death for rape despite evidence that he may have been a minor (14 years old) at the time of the offense. [2] The State argued the case was inadmissible as domestic remedies had not been exhausted, but the Supreme Court later reduced the sentence. [3] The Committee found the death penalty claims were now moot but would consider the remaining claims, such as violations of his right to life and liberty.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    109 views1 page

    Baroy V Philippines PDF

    Uploaded by

    Avatar Kim
    The document summarizes a communication submitted to the UN Human Rights Committee regarding a case in the Philippines. [1] Alfredo Baroy, who was 17 at the time, was sentenced to death for rape despite evidence that he may have been a minor (14 years old) at the time of the offense. [2] The State argued the case was inadmissible as domestic remedies had not been exhausted, but the Supreme Court later reduced the sentence. [3] The Committee found the death penalty claims were now moot but would consider the remaining claims, such as violations of his right to life and liberty.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    BAROY V.

    THE PHILIPPINES
    CCPR/C/79/D/1045/2002
    31 October 2003

    Facts:

    The author of the communication is Alfredo Baroy, a Philippine national


    allegedly born on 19 January 1984 and thus aged 17 at the time of
    submission of the communication. At that time, he was detained on death
    row at New Bilibid Prisons, Muntinlupa City. He claims to be a victim of
    violations by the Philippines of article 6, in particular paragraphs 2, 5 and 6,
    article 10, paragraph 3, article 14, in particular paragraph 4, and article 26 of
    the Covenant. On 2 March 1998, a woman was raped three times. The author
    and an (adult) co-accused were thereafter charged with three counts of rape
    with use of a deadly weapon contrary to article 266A(1),1 in conjunction with
    article 266B(2), 2 of the Revised Penal Code. It is alleged that on the date of
    the offense, the author would have been 14 years, 1 month and 14 days old,
    by virtue of being born on 19 January 1984.

    On 20 January 1999, the author and his co-accused were each convicted of
    three counts of rape with a deadly weapon and sentenced to death by lethal
    injection. In imposing the maximum penalty available, the Court considered
    that there were the aggravating circumstances of night time and
    confederation, and no mitigating circumstances.

    The State Party’s Defense:

    State party contested the admissibility of the communication. The State


    party argues that, as the author's appeal was pending before the Supreme
    Court at the time of submission of the communication, his complaints were
    "by and large speculative and premature" and the communication was
    inadmissible for failure to exhaust domestic remedies.
    The Court, for reasons other than alleged minority, reduced the sentence to
    reclusion perpetua. Thus, the claims with respect to the validity of the death
    penalty law should be deemed moot. It also rejected the claim of minority,
    finding it "obviously fabricated" as a result of his mother's coaching.

    The Committee’s View:

    The Committee observes that, subsequent to the submission of the


    communication, the Supreme Court allowed the author's appeal and
    substituted a term of imprisonment in place of the sentence of death. In this
    respect, the Committee considers that the issues raised by the author
    concerning the alleged violations of article 6 of the Covenant through
    imposition of the death penalty in his case have become moot, in relation to
    article 1 of the Optional Protocol. Accordingly, while potentially relevant to
    the Committee's assessment of the remaining claims, these particular issues
    need not be further addressed by the Committee.

    The Rights violated:

    1. Right to life and liberty

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