The Death Penalty in the OSCE Area Safeguards Pregnant women and minors The execution of individuals who were less than 18 years of age at the time the crime was committed or of women is not permitted.49 Persons over 65 years of age50 can also not be sentenced to death. Pardon or commutation The Constitution gives the President the authority to grant clemency by commuting a death sentence to one of life imprisonment.51 Appeals are initially considered by the Clemency Commission. The case of any individual sentenced to death is automatically considered, regardless of whether the sentenced person has submitted an appeal for clemency.52 During the reporting period, no clemencies or commutations were granted.53 UNITED STATES OF AMERICA Legal Framework Within the US federal system, the death penalty can be authorized by states, the Federal Government or the US Military. New Mexico became the 16th jurisdiction within the United States54 to abolish capital punishment when it did so on 18 March 2009, meaning, to date, that 35 of the 50 states retain the death penalty. In Connecticut, for the first time, both chambers of the General Assembly – the state House of Representatives and the state Senate – voted to abolish the death penalty in May 2009. The Governor, however, vetoed the bill on 5 June 2009, thus putting the abolition of the death penalty in Connecticut on hold for the time being.55 The other jurisdictions without the death penalty include Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, New Jersey, New York, Rhode Island, Vermont, West Virginia, Wisconsin and the District of Columbia.56 49  Article 59 (1) (2) of the Criminal Code. 50  Article 59 (2) (3) of the Criminal Code. 51  Article 84 (19) of the Constitution. 52  Presidential Decree No. 250 “On confirmation of the regulation on the pardoning procedure in the Republic of Belarus”, 3 December 1994. 53  Response from the Permanent Delegation of the Republic of Belarus to the OSCE, op. cit., note 45. 54  Including the District of Columbia. 55  Website of the Connecticut Network to Abolish the Death Penalty, on the page “Recent legislative activity”, as of 15 August 2009, <http://cnadp.org/dpConn.php>. 56  Response to the ODIHR questionnaire on the death penalty from the United States Mission to the OSCE, 5 August 2009. 10