Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 9 INTERNATIONAL STANDARDS ON THE DEATH PENALTY Most serious crimes General Comment No. 6 states that the term most serious crimes must be read restrictively to mean that the death penalty should be an exceptional measure. The ECOSOC Safeguards specify that the scope of the crimes punishable by the death penalty should not go beyond intentional crimes with lethal or other extremely grave consequences. The Human Rights Committee has gone further than this, stating that the imposition of the death penalty for crimes that do not result in loss of life would be contrary to the ICCPR.10 Resolution 2005/59 of the Commission on Human Rights states that the death penalty should neither be imposed for non-violent acts – such as financial crimes, religious practice or expression of conscience, or sexual relations between consenting adults – nor as a mandatory sentence.11 In a manner not contrary to the provisions of the ICCPR and pursuant to a final judgement rendered by a competent court States parties are obliged to observe rigorously all the fair-trial guarantees set out in Article 14 of the ICCPR. The Human Rights Committee is of the opinion that a violation of the right to life would result from an execution following a trial that fails to ensure 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.12 The ECOSOC Safeguards and Resolution 2005/59 of the Commission on Human Rights also state that all legal proceedings should comply with Article 14 of the ICCPR.13 Right to seek pardon or commutation The term pardon means the removal of a death sentence and release, while the term commutation means the substitution of a death sentence with a less severe sentence. The right to seek pardon or commutation has been reaffirmed by General Comment No. 6, the ECOSOC Safeguards, and Resolution 2005/59 of the Commission on Human Rights. Persons below the age of 18 and pregnant women The prohibition on the death penalty for crimes committed by persons below the age of 18 is reiterated in the Convention on the Rights of the Child (CRC), which is of 10 11 12 13 CCPR/C/79/Add. 25, 3 August 1993. Resolution of the UN Commission on Human Rights 2005/59, 20 April 2005, paragraph f. General Comment No. 6. The special rapporteur on extrajudicial, summary and arbitrary executions has stated that the process leading to the imposition of the death penalty must also comply with Articles 9 and 15 of the ICCPR. 9