96 The Death Penalty in the OSCE Area
(d) Not to impose the death penalty for any but the most serious crimes and
only pursuant to a final judgement rendered by an independent and impartial
competent court, and to ensure the right to a fair trial and the right to seek pardon or commutation of sentence;
(e) To ensure that all legal proceedings, including those before special tribunals
or jurisdictions, and particularly those related to capital offences, conform to
the minimum procedural guarantees contained in article 14 of the International
Covenant on Civil and Political Rights;
(f) To ensure also that the notion of “most serious crimes” does not go beyond
intentional crimes with lethal or extremely grave consequences and that the death
penalty is not imposed for non-violent acts such as financial crimes, religious
practice or expression of conscience and sexual relations between consenting
adults nor as a mandatory sentence;
(g) To withdraw and/or not to enter any new reservations under article 6 of the
Covenant that may be contrary to the object and purpose of the Covenant, given
that article 6 enshrines the minimum rules for the protection of the right to life
and the generally accepted standards in this area;
(h) To observe the safeguards guaranteeing protection of the rights of those facing the death penalty and to comply fully with their international obligations,
in particular with those under article 36 of the Vienna Convention on Consular Relations, particularly the right to receive information on consular assistance
within the context of a legal procedure, as affirmed by the jurisprudence of the
International Court of Justice and confirmed in recent relevant judgements;
(i) To ensure that, where capital punishment occurs, it shall be carried out so as
to inflict the minimum possible suffering and shall not be carried out in public or
in any other degrading manner, and to ensure that any application of particularly
cruel or inhuman means of execution, such as stoning, be stopped immediately;
(j) Not to execute any person as long as any related legal procedure, at the international or at the national level, is pending;
8. Calls upon States that no longer apply the death penalty but maintain it in their
legislation to abolish it;
9. Calls upon States that have recently lifted or announced the lifting de facto or
de jure of moratoriums on executions once again to commit themselves to suspend such executions;
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