Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 63 OTHER INTERNATIONAL STANDARDS ON THE DEATH PENALTY EUROPEAN UNION Extract from the Charter of Fundamental Rights of the European Union Article 2 Right to Life 1. 2. Everyone has the right to life. No one shall be condemned to the death penalty, or executed. Guidelines on EU Policy Towards Third Countries on the Death Penalty (extracts) III Minimum standards paper Where states insist on maintaining the death penalty, the EU considers it important that the following minimum standards should be met: (i) Capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences. The death penalty should not be imposed for non-violent financial crimes or for non-violent religious practice or expression of conscience. (ii) Capital punishment may be imposed only for a crime for which the death penalty was prescribed at the time of its commission, it being understood that if, subsequent to the commission of the crime, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby. (iii) Capital punishment may not be imposed on: - persons below 18 years of age at the time of the commission of their crime; - pregnant women or new mothers; - persons who have become insane. (iv) Capital punishment may be imposed only when the guilt of the person charged is based upon clear and convincing evidence leaving no room for alternative explanation of the facts. (v) Capital punishment must only be carried out pursuant to a final judgement rendered by a competent court after legal process which gives all possible safeguards to ensure a fair trial, at least equal to those contained in Article 14 of the International Covenant on Civil and Political Rights, including the right of any- 63