The Death Penalty in the OSCE Area
Organization of American States
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American Convention on Human 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 reestablished 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.
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Protocol to the American Convention on Human Rights
to Abolish the Death Penalty
Preamble
The States parties to this protocol, considering:
That Article 4 of the American Convention on Human Rights recognizes the
right to life and restricts the application of the death penalty;
That everyone has the inalienable right to respect for his life, a right that cannot
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