The Death Penalty in the OSCE Area–Background Paper 2018
imposed only for most serious crimes, that is, intentional killing, and may not be
mandatory in such cases. States should also adhere to fair trial guarantees in capital cases. Clemency, pardons and commutations are critical steps towards the
abolition of the death penalty. Heads of State and Government and other responsible State authorities should exercise their constitutional and/or legal authority to
grant amnesty, pardon or commutation of the sentence of death in all cases.
60. States should consider developing measures to minimize the harm suffered
by other persons affected by the death penalty, including family members of convicts, defence lawyers, prison staff and medical staff. In particular, under the
Convention on the Rights of the Child, States must take measures to ensure that
children’s rights, including the principle of the best interests of the child, are duly
considered during sentencing.
United Nations Commission on Human Rights Resolution 2003/67 on the
question of the death penalty
(2003)
The Commission on Human Rights,
[…]
Recalling its previous resolutions in which it expressed its conviction that abolition
of the death penalty contributes to the enhancement of human dignity and to the
progressive development of human rights,
[…]
Concerned that several countries, in imposing the death penalty, do not take into
account the safeguards guaranteeing protection of the rights of those facing the
death penalty,
1. Recalls the sixth quinquennial report of the Secretary-General on capital punishment and implementation of the safeguards guaranteeing protection of the
rights of those facing the death penalty, submitted in accordance with Economic
and Social Council resolution 1995/57 of 28 July 1995 (E/2000/3), and welcomes the
yearly supplement of the Secretary-General on changes in law and practice concerning the death penalty worldwide contained in his report (E/CN.4/2003/106),
as requested in Commission resolution 2002/77;
61
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