The Death Penalty in the OSCE Area with aggravating circumstances (Art. 139(2) of the Criminal Code).31 Executions Official statistics were not provided. It was reported that three men – Sergei Morozov, Valery Gorbaty and Igor Danilchenko – were executed on 5 February 2008.32 International Safeguards Pardon or commutation The Constitution gives the president authority to grant clemency, and the death penalty may be commuted to life imprisonment.33 Appeals are initially considered by the Clemency Commission. The cases of all individuals sentenced to death are automatically considered regardless of whether the sentenced person has submitted an appeal for clemency.34 During the period from 1 July 2007 to 30 June 2008, no clemencies or commutations were granted.35 UNITED STATES OF AMERICA Legal Framework The death penalty is retained at the federal level and in 36 of the 50 states. Abolitionist states include Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, New Jersey,36 New York,37 North Dakota, Rhode Island, Vermont, West Virginia, and 31  Belarus response, op. cit., note 29. 32  “Council of Europe Secretary General Terry Davis condemns executions in Belarus”, Council of Europe, 6 February 2008, <https://wcd.coe.int/ViewDoc.jsp?id=1244875&Site=COE&BackColorIntern et=DBDCF2&BackColorIntranet=FDC864&BackColorLogged=FDC864>. 33  Article 84 (19) of the Constitution. 34  Presidential Decree No. 250 “On confirmation of the regulation on the pardoning procedure in the Republic of Belarus”, 3 December 1994. 35  Belarus Response, op. cit., note 29. 36  Following the final report of the New Jersey Death Penalty Study Commission, which recommended abolition of the death penalty, the New Jersey legislature abolished the death penalty on 17 December 2007. “New Jersey Death Penalty Commission: Overview of the Commission and its work”, website of the New Jersey legislature, <http://www.njleg.state.nj.us/committees/njdeath_penalty.asp>; also see the chapter on the United States in Amnesty International Report 2008, Amnesty International, op. cit., note 15, <http://thereport.amnesty.org/eng/regions/americas/usa>. 37  In the state of New York, the last inmate was ordered off death row in October 2007 by the state’s highest court, effectively making the state abolitionist. See People v. Taylor, New York Court of Appeal, New York, 23 October 2007. 7