The Death Penalty in the OSCE Area–Background Paper 2019 alleged innocence but has been denied this opportunity six times.147 It is reported that eight people in Florida have been executed who had been denied DNA testing.148 Capital punishment for less than the “most serious crimes” Recent reports from experts on the death penalty have highlighted worrying cases of people being sentenced to death and executed for crimes that do not involve intentional killing.149 On 4 December 2018, under the Texas “law of parties”, one man was executed although he was not involved in the shootout that killed a police officer.150 Various civil society organizations reinforced their concerns about such cases in their list of issues to the UN Human Rights Committee relating to the death penalty in January 2019, highlighting in particular that it is possible to be sentenced to death in Arizona even if a death results unintentionally, including a number of drug offenses, robbery, and sexual offenses, as well as for the death of a fetus.”151 On the federal level, there are certain crimes that are punishable by death, although they do not require a murder to have taken place, including trafficking in large amounts of drugs.152 These cases are particularly controversial as the “most serious crimes” are interpreted by the UN Human Rights Committee as meaning crimes involving intentional killing only and imposing the death penalty for any other serious crimes is considered a violation of Article 6.153 147  “18  Years After Enacting  DNA  Law, Florida Death-Row Prisoners Are Still Being Denied Testing”, Death Penalty Information Center, 21 December 2018, <https://deathpenaltyinfo.org/news/18-years-after-enacting-dnalaw-florida-death-row-prisoners-are-still-being-denied-testing>. 148  “Editorial: Let DNA testing remove doubt in death row cases”, Tampa Bay Times, 30 November 2018, <https://www.tampabay.com/opinion/editorials/editorial-let-dna-testing-remove-doubt-in-death-row-cases-20181130/>. 149  “When the state kills those who didn’t kill”, Ashoka Mukpo (ACLU website), 11 July 2019, <https://www.aclu. org/issues/capital-punishment/when-state-kills-those-who-didnt-kill>. 150  “Executed But Did Not Directly Kill Victim”, Death Penalty Information Center, <https://deathpenaltyinfo. org/executions/executions-overview/executed-but-did-not-directly-kill-victim>. 151  The Advocates for Human Rights and The World Coalition Against the Death Penalty, “The United States’ Compliance with the International Covenant on Civil and Political Rights Suggested List of Issues Relating to the Death Penalty”, op. cit., note 65. 152  “Federal Laws Providing for the Death Penalty”, Death Penalty Information Center, <https://deathpenaltyinfo.org/stories/federal-laws-providing-death-penalty>. 153  General Comment No. 36, op. cit., note 10, para. 35; and Report of the Secretary-General, Moratorium on the use of the death penalty, op. cit., note 62, para. 24. 33