The Death Penalty in the OSCE Area–Background Paper 2018
Deploring the fact that, frequently, poor and economically vulnerable persons and
foreign nationals are disproportionately subjected to the death penalty, that laws
carrying the death penalty are used against persons exercising their rights to freedom of expression, thought, conscience, religion or peaceful assembly and association, and that persons belonging to religious or ethnic minorities are disproportionately represented among those sentenced to the death penalty,
[…]
Condemning the imposition of the death penalty as a sanction for specific forms
of conduct, such as apostasy, blasphemy, adultery and consensual same-sex relations, and expressing serious concern that the application of the death penalty for
adultery is disproportionately imposed on women,
[…]
1. Urges all States to protect the rights of persons facing the death penalty and
other affected persons by complying with their international obligations, including
the rights to equality and non-discrimination;
2. Calls upon States that have not yet acceded to or ratified the Second Optional
Protocol to the International Covenant on Civil and Political Rights aiming at the
abolition of the death penalty to consider doing so;
3. Calls upon States that have not yet abolished the death penalty to ensure that it
is not applied on the basis of discriminatory laws or as a result of discriminatory or
arbitrary application of the law;
4. Calls upon States to ensure that all accused persons, in particular poor and economically vulnerable persons, can exercise their rights related to equal access to
justice, to ensure adequate, qualified and effective legal representation at every
stage of civil and criminal proceedings in capital punishment cases through effective legal aid, and to ensure that those facing the death penalty can exercise their
right to seek pardon or commutation of their death sentence;
5. Urges States that have not yet abolished the death penalty to ensure that the
death penalty is not applied against persons with mental or intellectual disabilities
and persons below 18 years of age at the time of the commission of the crime, as
well as pregnant women;
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