Death_Penalty_2005_nowy.qxd
2005-09-08
17:00
Page 58
THE DEATH PENALTY IN THE OSCE AREA
(g)
(h)
(i)
(j)
To withdraw and/or not to enter any new reservations under article 6 of the
Covenant that may be contrary to the object and purpose of the Covenant,
given that article 6 enshrines the minimum rules for the protection of the right
to life and the generally accepted standards in this area;
To observe the safeguards guaranteeing protection of the rights of those
facing the death penalty and to comply fully with their international
obligations, in particular with those under article 36 of the Vienna Convention
on Consular Relations, particularly the right to receive information on
consular assistance within the context of a legal procedure, as affirmed by
the jurisprudence of the International Court of Justice and confirmed in
recent relevant judgements;
To ensure that, where capital punishment occurs, it shall be carried out so as
to inflict the minimum possible suffering and shall not be carried out in public
or in any other degrading manner, and to ensure that any application of
particularly cruel or inhuman means of execution, such as stoning, be
stopped immediately;
Not to execute any person as long as any related legal procedure, at the
international or at the national level, is pending;
8. Calls upon States that no longer apply the death penalty but maintain it in their
legislation to abolish it;
9. Calls upon States that have recently lifted or announced the lifting de facto or de
jure of moratoriums on executions once again to commit themselves to suspend
such executions;
10. Requests States that have received a request for extradition on a capital charge to
reserve explicitly the right to refuse extradition in the absence of effective
assurances from relevant authorities of the requesting State that the death penalty
will not be carried out, and calls upon States to provide such effective assurances
if requested to do so, and to respect them;
11. Requests the Secretary-General to submit to the Commission at its sixty-second
session, in consultation with Governments, specialized agencies and intergovernmental
and non-governmental organizations, a yearly supplement to his quinquennial
report on capital punishment and implementation of the safeguards guaranteeing
protection of the rights of those facing the death penalty, paying special attention
to the imposition of the death penalty on persons younger than 18 years of age at
the time of the offence and on persons suffering from any mental or intellectual
disabilities;
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