Death_Penalty_2005_nowy.qxd
2005-09-08
17:00
Page 64
THE DEATH PENALTY IN THE OSCE AREA
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
one suspected of or charged with a crime for which capital punishment may be
imposed to adequate legal assistance at all stages of the proceedings, and where
appropriate, the right to contact a consular representative.
Anyone sentenced to death shall have an effective right to appeal to a court of
higher jurisdiction, and steps should be taken to ensure that such appeals become
mandatory.
Where applicable, anyone sentenced to death shall have the right to submit an
individual complaint under international procedures; the death sentence will not be
carried out while the complaint remains under consideration under those
procedures.
Anyone sentenced to death shall have the right to seek pardon or commutation of
the sentence. Amnesty, pardon or commutation of the sentence of death may be
granted in all cases of capital punishment.
Capital punishment may not be carried out in contravention of a state’s international
commitments.
The length of time spent after having been sentenced to death may also be a factor.
Where capital punishment occurs, it shall be carried out so as to inflict the
minimum possible suffering. It may not be carried out in public or in any other
degrading manner.
The death penalty should not be imposed as an act of political revenge in
contravention of the minimum standards, e.g. against coup plotters.
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