The Death Penalty in the OSCE Area 93
that a number of States have already abolished the death penalty or suspended its application. Nevertheless, States’ reports show that progress made towards abolishing or
limiting the application of the death penalty is quite inadequate.
7. The Committee is of the opinion that the expression “most serious crimes” must
be read restrictively to mean that the death penalty should be a quite exceptional
measure. It also follows from the express terms of article 6 that it can only be imposed
in accordance with the law in force at the time of the commission of the crime and
not contrary to the Covenant. The procedural guarantees therein prescribed must
be observed, including the right to a fair hearing by an independent tribunal, the
presumption of innocence, the minimum guarantees for the defence, and the right to
review by a higher tribunal. These rights are applicable in addition to the particular
right to seek pardon or commutation of the sentence.
UN Commission on Human Rights Resolution 2005/59
Question of the death penalty
The Commission on Human Rights,
Recalling article 3 of the Universal Declaration of Human Rights, which affirms the
right of everyone to life, convinced that the abolition of the death penalty is essential
for the protection of this right and recalling article 6 of the International Covenant on
Civil and Political Rights and articles 6 and 37 (a) of the Convention on the Rights
of the Child,
Taking note that the Second Optional Protocol to the International Covenant on
Civil and Political Rights provides that no one within the jurisdiction of a State party
shall be executed and that each State party shall take all necessary measures to abolish
the death penalty within its jurisdiction,
Recalling the entry into force, on 1 July 2003, of Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms (European
Convention on Human Rights), concerning the abolition of the death penalty in all
circumstances,
Recalling also its previous resolutions in which it expressed its conviction that the
abolition of the death penalty contributes to the enhancement of human dignity and
to the progressive development of human rights,
Welcoming the exclusion of capital punishment from the penalties that the Interna-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents