The Death Penalty in the OSCE Area
8. Decides to continue consideration of the matter at its sixty-ninth session under
the item entitled “Promotion and protection of human rights”.
General Comment No. 06: The right to life (art. 6) of 30 April 1982 by the
Human Rights Committee
1. The right to life enunciated in article 6 of the Covenant has been dealt with in all
State reports. It is the supreme right from which no derogation is permitted even in
time of public emergency which threatens the life of the nation (art. 4). However,
the Committee has noted that quite often the information given concerning article 6
was limited to only one or other aspect of this right. It is a right which should not be
interpreted narrowly
(…)
6. While it follows from article 6 (2) to (6) that States parties are not obliged to
abolish the death penalty totally they are obliged to limit its use and, in particular, to
abolish it for other than the “most serious crimes”. Accordingly, they ought to consider reviewing their criminal laws in this light and, in any event, are obliged to restrict
the application of the death penalty to the “most serious crimes”. The article also
refers generally to abolition in terms which strongly suggest (paras. 2 (2) and (6)) that
abolition is desirable. The Committee concludes that all measures of abolition should
be considered as progress in the enjoyment of the right to life within the meaning of
article 40, and should as such be reported to the Committee. The Committee notes
that a number of States have already abolished the death penalty or suspended its
application. Nevertheless, States’ reports show that progress made towards abolishing
or limiting the application of the death penalty is quite inadequate.
7. The Committee is of the opinion that the expression “most serious crimes” must
be read restrictively to mean that the death penalty should be a quite exceptional
measure. It also follows from the express terms of article 6 that it can only be imposed
in accordance with the law in force at the time of the commission of the crime and
not contrary to the Covenant. The procedural guarantees therein prescribed must
be observed, including the right to a fair hearing by an independent tribunal, the
presumption of innocence, the minimum guarantees for the defence, and the right to
review by a higher tribunal. These rights are applicable in addition to the particular
right to seek pardon or commutation of the sentence.
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