Rights added to this interpretation that the death penalty should not be imposed
"for non-violent financial crimes or for non-violent religious practice or expression
of conscience"7. The UN Special Rapporteur on extrajudicial, summary or arbitrary
executions called, in her report submitted to the 1999 session of the Commission
on Human Rights, for the exclusion of the possibility of imposing the death penalty
for "economic and other so-called victimless offences, espionage and `disloyalty'".
Capital punishment should also be excluded for "actions primarily related to
prevailing moral values, such as adultery and prostitution, as well as matters of
sexual orientation"8.
Article 6 explicitly prohibits the imposition of the death penalty for crimes
committed by persons below eighteen years of age, as well as the execution of
pregnant women. The `ECOSOC Safeguards' extend these restrictions to new
mothers and persons who have become insane9. In Resolution 1999/61 the UN
Commission on Human Rights added that no one should be executed "as long as
any related legal procedure, at international or at national level, is pending"10.
Article 6 also prescribes that the procedural guarantees contained in the ICCPR
must be complied with before the death penalty can be carried out. These
guarantees include the right to a fair hearing by an independent tribunal, the
presumption of innocence, the minimum guarantees for defence, and the right to
review by a higher tribunal. In addition to this, States Parties must grant every
person sentenced to death the right to seek pardon or commutation of the death
sentence.
Article 6(6) states that "nothing in this article shall be invoked to delay or to
prevent the abolition of capital punishment by any State Party to the present
Covenant". The UN Human Rights Committee concluded in its general comment
on Article 6 that "all measures of abolition should be considered as progress in the
enjoyment of the right to life"11. In its latest resolution on the death penalty, the
UN Commission on Human Rights stated that "abolition of the death penalty
contributes to the enhancement of human dignity and to the progressive
development of human rights" and called upon all States still maintaining capital
punishment "to establish a moratorium on executions, with a view to completely
abolishing the death penalty"12.
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