OSCE and other human rights standards described in this chapter were selected on the basis of reports from OSCE missions about the types of complaints they receive most frequently. The information given is not exhaustive; rather, its aim is to provide an overview and guidance on where to look if more information is needed. The material is intended to assist field operations in making a sound judgement as to whether an individual complaint reflects a violation of OSCE commitments or other international human rights standards. More detailed information concerning OSCE commitments on these and other human rights issues is available on the ODIHR website.17 The types of human rights violations described below are also violations of domestic law in most OSCE participating States. 5 5.1 RIGHT TO LIFE 5.1.1 THE DEATH PENALTY There is no consensus within the OSCE concerning the abolition of capital punishment, but the large majority of OSCE participating States (43) have fully abolished the death penalty, and only five participating States actively carry out executions. Relevant OSCE documents stipulate that capital punishment may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to international commitments. In addition, participating States are committed to keep the question of abolition of capital punishment under consideration, to co-operate on the subject with relevant organizations, to exchange information regarding the use of the death penalty, and to make available to the public information regarding the use of the death penalty. In light of the above, a sentence of capital punishment would not in itself constitute a violation of OSCE commitments. However, a death sentence would violate OSCE commitments and be a legitimate subject for an individual complaint if the legal process through which it is imposed does not meet the stringent procedural safeguards and due-process-oflaw requirements in OSCE documents (see Section 5.5). In addition, OSCE commitments incorporate the provisions of the International Covenant on Civil and Political Rights (ICCPR) with regard to the impartial operation of the judiciary, which include the rights to a review by a higher court and the right to seek a pardon or commutation. The ICCPR also includes a prohibition on imposing a death sentence on pregnant women or for crimes committed by persons under 18 years of age.18 17 See http://www.osce.org/odihr. Click on OSCE Human Dimension Commitments, A Reference Guide, which will en- able the user to conduct an issue-based search. 18 ICCPR, Articles 6, 14, and 15. 41