The Death Penalty in the OSCE Area would be contrary to the ICCPR.10 Resolution 2005/59 of the UN Commission on Human Rights states that the death penalty should neither be imposed for non-violent acts – such as financial crimes, religious practice or expression of conscience, or sexual relations between consenting adults – nor as a mandatory sentence.11 In a manner not contrary to the provisions of the ICCPR and pursuant to a final judgement rendered by a competent court States parties are obliged to rigorously observe all the fair-trial guarantees set out in Article 14 of the ICCPR. The UN Human Rights Committee is of the opinion that a violation of the right to life would result from an execution following a trial that fails to ensure the right to a fair hearing by an independent tribunal, the presumption of innocence, minimum guarantees for the defence, and the right to review by a higher tribunal.12 The ECOSOC Safeguards and Resolution 2005/59 of the UN Commission on Human Rights also state that all legal proceedings should comply with Article 14 of the ICCPR. Right to seek pardon or commutation The term pardon means the removal of a death sentence and release, while the term commutation means the substitution of a death sentence with a less severe sentence. The right to seek pardon or commutation has been reaffirmed by General Comment No. 6, the ECOSOC Safeguards, and Resolution 2005/59 of the UN Commission on Human Rights. Persons below the age of 18 and pregnant women The prohibition on the death penalty for crimes committed by persons below the age of 18 is reiterated in the Convention on the Rights of the Child, which is of a legally binding nature.13 This principle has been reaffirmed by the ECOSOC Safeguards14 10  “Concluding observations of the Human Rights Committee: Iran (Islamic Republic of )”, CCPR/ C/79/Add. 25, 3 August 1993, para. 8. 11  Resolution of the UN Commission on Human Rights 2005/59, 20 April 2005, para. 10 (f ). By this resolution, the Commission requested that the secretary-general submit an annual report on capital punishment. By Decision 2/102, the Human Rights Council requested that the secretary-general and the high commissioner for human rights continue this task. The 2007 report of the secretary-general can be found online at http://www.ohchr.org/english/bodies/hrcouncil/docs/4session/A.HRC.4.78.pdf. 12  General Comment No. 6, op. cit., note 6. 13  Article 37 of the Convention on the Rights of the Child, UN General Assembly Resolution 44/25 of 20 November 1989. Entered into force on 2 September 1990. 14  ECOSOC Safeguards, op. cit., note 7.