The Death Penalty in the OSCE Area
should not go beyond intentional crimes with lethal or other extremely grave
consequences.
2. Capital punishment may be imposed only for a crime for which the death penalty
is prescribed by law 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.
3. Persons below 18 years of age at the time of the commission of the crime shall not
be sentenced to death, nor shall the death sentence be carried out on pregnant
women, or on new mothers, or on persons who have become insane.
4. Capital punishment may be imposed only when the guilt of the person charged
is based upon clear and convincing evidence leaving no room for an alternative
explanation of the facts.
5. Capital punishment may 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
anyone suspected of or charged with a crime for which capital punishment may
be imposed to adequate legal assistance at all stages of the proceedings.
6. Anyone sentenced to death shall have the right to appeal to a court of higher
jurisdiction, and steps should be taken to ensure that such appeals shall become
mandatory.
7. Anyone sentenced to death shall have the right to seek pardon, or commutation
of sentence; pardon or commutation of sentence may be granted in all cases of
capital punishment.
8. Capital punishment shall not be carried out pending any appeal or other recourse
procedure or other proceeding relating to pardon or commutation of the
sentence.
9. Where capital punishment occurs, it shall be carried out so as to inflict the
minimum possible suffering.
———
Extracts from General Comment 6 of the Human Rights Committee
1. The right to life enunciated in article 6 of the Covenant has been dealt with in all
State reports. It is the supreme right from which no derogation is permitted even
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