4.16 Ukraine On 22 February 2000 the Ukrainian parliament removed the death penalty from the Criminal Code. Furthermore, Ukraine ratified Protocol No. 6 to the European Convention on Human Rights on 4 April 200074. This followed the decision of the Constitutional Court of Ukraine that capital punishment was unconstitutional on 30 December 1999, thus de facto abolishing the death penalty for all crimes. In its ruling, the Court referred to, inter alia, the provisions in the Constitution protecting the inherent human right to life and the freedom from torture or other cruel, inhuman, or degrading treatment or punishment75. According to the Chairman of the Supreme Court, 146 people were sentenced to death in 1998. Within the same time period, the Supreme Court cancelled three death sentences passed by regional and military courts, and commuted 13 to long term imprisonment76. As of 1 January 1999, 388 persons sentenced to death were being held in prison77. During the first six months of 1999, Ukrainian courts passed 35 death verdicts78. No executions were reported during 1998 and 1999. Ratification of Protocol No.6 effectively means that existing death sentences were commuted into life sentences. 4.17 United States of America As of December 1999, legal provisions allowing for the use of the death penalty existed in 38 states as well as under federal and military law79. The scope of the death penalty legislation varies from state to state. In January 2000, the Governor of Illinois declared a moratorium on executions in his state owing to its “shameful” record of wrongful convictions in capital cases80. Sixty-eight persons were executed in 1998. In 1999, the number of executions reached 98, thus making it the year with the highest execution rate since the reintroduction of the death penalty in 1976. In 2000, 85 prisoners were executed in 14 states, bringing to 683 the total number executed since the US Supreme Court lifted a moratorium on executions in 197681. There were 38 executions in the first half of 200182. On 11 June 2001, the execution of Timothy McVeigh was the first federal death sentence carried out since 1963. The second, that of Juan Raul Garza, was carried out eight days later83. As of 30 June 2001, there were 3,717 prisoners on death row84. Four offenders were executed during 1998 and 1999 for crimes committed before they reached age 18. During 2000, four persons (Chris Thomas, Steve Roach, Glen McGinnis and Gary Graham) were executed for crimes committed when they were 17. More than 80 prisoners remained on death row in 16 states at the end of 2000 for crimes committed when they were 16 or 1785. In 15 states and at federal level capital punishment may not be imposed for crimes committed by individuals less than 18 years old. The remaining 23 non-abolitionist states have either no minimum age or a minimum less than 18 years, thus making the USA the only OSCE participating State retaining the death penalty for crimes committed by persons under 18. 18