The Death Penalty in the OSCE Area
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UN Commission on Human Rights Resolution 2005/59
Question of the death penalty
The Commission on Human Rights,
Recalling article 3 of the Universal Declaration of Human Rights, which affirms
the right of everyone to life, convinced that the abolition of the death penalty is
essential for the protection of this right and recalling article 6 of the International
Covenant on Civil and Political Rights and articles 6 and 37 (a) of the Convention on
the Rights of the Child,
Taking note that the Second Optional Protocol to the International Covenant on
Civil and Political Rights provides that no one within the jurisdiction of a State party
shall be executed and that each State party shall take all necessary measures to abolish the
death penalty within its jurisdiction,
Recalling the entry into force, on 1 July 2003, of Protocol No. 13 to the Convention
for the Protection of Human Rights and Fundamental Freedoms (European Convention
on Human Rights), concerning the abolition of the death penalty in all circumstances,
Recalling also its previous resolutions in which it expressed its conviction that the
abolition of the death penalty contributes to the enhancement of human dignity and to
the progressive development of human rights,
Welcoming the exclusion of capital punishment from the penalties that the
International Criminal Tribunal for the Former Yugoslavia, the International Criminal
Tribunal for Rwanda and the International Criminal Court are authorized to impose,
Welcoming also the abolition of the death penalty in some States since the last
session of the Commission and decisions taken in other States that restrict the use of
the death penalty, inter alia through excluding certain categories of persons or offences
from its application,
Commending States that have recently acceded to the Second Optional Protocol to
the International Covenant on Civil and Political Rights,
Welcoming the fact that many countries that still retain the death penalty in their
penal legislation are applying a moratorium on executions, and also welcoming the
regional initiatives aimed at the establishment of a moratorium on executions and the
abolition of the death penalty,
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