The Death Penalty in the OSCE Area
v) Capital punishment must only be carried out pursuant to a final judgement rendered by an independent and impartial competent court after legal proceedings,
including those before special tribunals or jurisdictions, 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, and where
appropriate, the right to contact a consular representative.
vi) 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.
vii) 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; the death penalty will not be carried out as long as any related legal or
formal procedure, at the international or at the national level, is pending.
viii) 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. ix) Capital punishment may not be
carried out in contravention of a state’s international commitments.
x) The length of time spent after having been sentenced to death may also be a factor.
Extract from European Parliament resolution of 1 February 2007 on the initiative
in favour of a universal moratorium on the death penalty
The European Parliament,
…
1. Reiterates its long-standing position against the death penalty in all cases and under all circumstances and expresses once more its conviction that the abolition of the
death penalty contributes to the enhancement of human dignity and to the progressive development of human rights;
2. Calls for a worldwide moratorium on executions to be established immediately and
unconditionally with a view to the worldwide abolition of the death penalty, through
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