The Death Penalty in the OSCE Area–Background Paper 2017
Annex 6
ORGANIZATION OF AMERICAN STATES STANDARDS
American Convention on Human Rights
“Pact of San Jose, Costa Rica”, B-32
(22 November 1969)
Chapter II – Civil and Political Rights
Article 4: Right to Life
1. Every person has the right to have his life respected. This right shall be protected
by law and, in general, from the moment of conception. No one shall be arbitrarily
deprived of his life.
2. In countries that have not abolished the death penalty, it may be imposed only
for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted
prior to the commission of the crime. The application of such punishment shall not
be extended to crimes to which it does not presently apply.
3. The death penalty shall not be re-established in states that have abolished it.
4. In no case shall capital punishment be inflicted for political offenses or related
common crimes.
5. Capital punishment shall not be imposed upon persons who, at the time the
crime was committed, were under 18 years of age or over 70 years of age; nor shall
it be applied to pregnant women.
6. Every person condemned to death shall have the right to apply for amnesty,
pardon, or commutation of sentence, which may be granted in all cases. Capital
punishment shall not be imposed while such a petition is pending decision by the
competent authority.
Article 5: Right to Human Treatment
1. Every person has the right to have his physical, mental, and moral integrity
respected.
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