The Death Penalty in the OSCE Area International Safeguards Pregnant women and minors Belarus law does not allow for the execution of individuals who were less than 18 years of age at the time of the crime for which they were convicted or of women.62 Persons more than 65 years of age also may not be sentenced to death.63 Pardon or commutation The Constitution gives the President the authority to grant clemency, and death penalties may be commuted to life imprisonment.64 No clemencies or commutations were granted during the reporting period, nor were any death sentences changed on appeal.65 UNITED STATES OF AMERICA Legal Framework In the United States the death penalty can be handed down by state, federal or military courts. There are currently 16 jurisdictions in the United States in which capital punishment is not used. These are the states of Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, New Mexico, North Dakota, New Jersey, New York, Rhode Island, Vermont, West Virginia, Wisconsin and the District of Columbia. Moratorium There is no formal moratorium on executions in place at the federal level in the United States, and responsibilities not vested in the Federal Government by the Constitution are reserved for state governments. A number of states that have legislation permitting the death penalty have not imposed it within the past 30 years. A formal moratorium on executions instituted in 2000 due to concerns about a high risk of error after “thirteen people have been found to have been wrongfully convicted”66 — remains in place in Illinois. While New York has a capital punishment statute (CPL 400.27), part of it has been ruled 62  Art. 59 (1) (2) of the Criminal Code of the Republic of Belarus. 63  Art. 59 (2) (3) of the Criminal Code of the Republic of Belarus. 64  Article 84 (19) of the Constitution of the Republic of Belarus. 65  Response to from the Permanent Delegation of the Republic of Belarus to the OSCE, op.cit., note 50. 66  Governor Ryan Declares Moratorium On Executions, Will Appoint Commission To Review Capital Punishment System, Press Release, 31 January 2000, Illinois Government News Network, <http://www.illinois.gov/pressreleases/ showpressrelease.cfm?subjectid=3&recnum=359>. 11