The Death Penalty in the OSCE Area
———
Extracts from General Comment 6 of the Human Rights Committee
1. The right to life enunciated in article 6 of the Covenant has been dealt with in all
State reports. It is the supreme right from which no derogation is permitted even
in time of public emergency which threatens the life of the nation (art. 4)… . It
is a right which should not be interpreted narrowly.
…
6. While it follows from article 6 (2) to (6) that States parties are not obliged to
abolish the death penalty totally they are obliged to limit its use and, in particular,
to abolish it for other than the “most serious crimes”. Accordingly, they ought to
consider reviewing their criminal laws in this light and, in any event, are obliged
to restrict the application of the death penalty to the “most serious crimes”. The
article also refers generally to abolition in terms which strongly suggest (paras.
2 (2) and (6)) that abolition is desirable. The Committee concludes that all
measures of abolition should be considered as progress in the enjoyment of the
right to life within the meaning of article 40, and should as such be reported
to the Committee. The Committee notes 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.
27
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents