The Death Penalty in the OSCE Area–Background Paper 2018
2. Reaffirms resolution 2000/17 of 17 August 2000 of the Sub-Commission on the
Promotion and Protection of Human Rights on international law and the imposition
of the death penalty on those aged under 18 at the time of the commission of the
offence;
3. Calls upon all States parties to the International Covenant on Civil and Political
Rights that have not yet done so to consider acceding to or ratifying the Second
Optional Protocol to the Covenant, aiming at the abolition of the death penalty;
4. Urges all States that still maintain the death penalty:
(a) Not to impose it for crimes committed by persons below 18 years of age, and to
exclude pregnant women from capital punishment;
(b) Not to impose the death penalty for any but the most serious crimes and only
pursuant to a final judgement rendered by an independent and impartial competent
court, and to ensure the right to a fair trial and the right to seek pardon or commutation of sentence;
(c) To ensure that all legal proceedings, including those before special tribunals
or jurisdictions, and particularly those related to capital offences, conform to
the minimum procedural guarantees contained in article 14 of the International
Covenant on Civil and Political Rights;
(d) To ensure that the notion of “most serious crimes” does not go beyond intentional crimes with lethal or extremely grave consequences and that the death penalty is not imposed for non-violent acts such as financial crimes, non-violent religious practice or expression of conscience and sexual relations between consenting
adults;
(e) Not to enter any new reservations under article 6 of the Covenant which may
be contrary to the object and the purpose of the Covenant and to withdraw any
such existing reservations, given that article 6 enshrines the minimum rules for
the protection of the right to life and the generally accepted standards in this area;
(f) To observe the safeguards guaranteeing protection of the rights of those facing
the death penalty and to comply fully with their international obligations, in particular with those under article 36 of the 1963 Vienna Convention on Consular
Relations, particularly the right to receive information on consular assistance
within the context of a legal procedure;
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