The Death Penalty in the OSCE Area
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.
United Nations General Assembly Resolution 62/149:
Moratorium on the use of the death penalty
(2007)
The General Assembly,
[…]
Considering that the use of the death penalty undermines human dignity, and
convinced that a moratorium on the use of the death penalty contributes to the enhancement and progressive development of human rights, that there is no conclusive
evidence of the deterrent value of the death penalty and that any miscarriage or failure
of justice in the implementation of the death penalty is irreversible and irreparable,
Welcoming the decisions taken by an increasing number of States to apply a moratorium on executions, followed in many cases by the abolition of the death penalty,
1. Expresses its deep concern about the continued application of the death penalty;
2. Calls upon all States that still maintain the death penalty:
(a) To respect international standards that provide safeguards guaranteeing protection of the rights of those facing the death penalty, in particular the minimum standards, as set out in the annex to Economic and Social Council resolution 1984/50 of 25
May 1984;
(b) To provide the Secretary-General with information relating to the use of capital
punishment and the observance of the safeguards guaranteeing protection of the
rights of those facing the death penalty;
(c) To progressively restrict the use of the death penalty and reduce the number of
offences for which it may be imposed;
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