The Death Penalty in the OSCE Area the rule of law.15 The new policy had been introduced in October 2007 and, in March 2009, the Federal Court declared the government’s approach to handling Mr. Smith’s case “unlawful” and ordered it to resume its efforts for clemency with the government of the state of Montana. The government declined to appeal the ruling and said it would comply with the Federal Court order. In the same month, the United Nations Human Rights Council issued its Universal Periodic Review of Canada’s human rights record and recommended that the policy of seeking clemency for all Canadian citizens sentenced to death in other countries be reinstated.16 Canada rejected this recommendation and stated that it would consider whether to seek clemency for Canadians facing the death penalty when such cases arose (i.e. on a case-by-case basis).17 Canada also reinforced its recent practice of requiring a no-execution guarantee from US prosecutors before returning any individuals to face capital charges. Arthur Charles Carnes IV, a citizen of the United States, was extradited on 15 May 2009 after attempting to gain refugee status in Canada on the basis that he could face capital punishment if sent back to the United States to face trial. The Canadian Government secured a guarantee from the US authorities that the suspect would not face the death penalty.18 2. Partly Abolitionist States LATVIA At present, the Criminal Code of Latvia allows for the imposition of the death sentences in convictions for murder with aggravating circumstances, and only when committed in wartime.19 The country is in the process of ratifying Protocol No. 13 to the ECHR concerning the abolition of the death penalty in all circumstances, which it signed on 3 May 2002. On 19 May 2008, the Government of Latvia endorsed a draft law on the ratification of the Protocol, and parliamentary approval is being 15  Information on Canada in “Amnesty International Report 2009: State of the World’s Human Rights”, Amnesty International, 2009, <http://thereport.amnesty.org/en/regions/americas/Canada>. 16  Human Rights Council, Eleventh session, Agenda item 6, page 19, A/HRC/11/17, Report from the Working Group on the Universal Periodic Review of Canada, 3 March 2009. 17  Human Rights Council, Eleventh session, Agenda item, Addendum, page 8, A/HRC/11/17/Add.1, Report from the Working Group on the Universal Periodic Review of Canada, 8 June 2009. 18  “Canada: Murder suspect extradited with guarantee no death penalty”, Hands Off Cain website, June 3 2009, <http://www.handsoffcain.info/archivio_news/200906.php?iddocumento=12308128&mover=2>. 19  Article 37 of the Criminal Code, 15 October 1998, with amendments of 18 May 2000. 4