Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 10 THE DEATH PENALTY IN THE OSCE AREA a legally binding nature.14 This principle has been reaffirmed by the ECOSOC Safeguards and Resolution 2005/59 of the UN Commission on Human Rights. In addition, the Sub-Commission on the Promotion and Protection of Human Rights has stated that the imposition of the death penalty for crimes committed by persons below the age of 18 is contrary to customary international law.15 The prohibition on the execution of pregnant women has been reaffirmed by a number of resolutions of the UN Commission on Human Rights and the ECOSOC Safeguards. The Human Rights Committee has expressed the opinion that the prohibition on the execution of children and pregnant women represents a norm of customary international law.16 Although Article 6(2) prohibits the execution of only two specific categories of people, this list should not be considered exhaustive. Indeed, the ECOSOC Safeguards extend this restriction to the elderly, mothers with dependent infants, the insane, and the mentally disabled. Finally, it should be noted that the use of the death penalty also raises issues under Article 7 of the ICCPR on the prohibition of torture and inhuman or degrading treatment. The Human Rights Committee has found violations of Article 7 in certain cases concerning detention on death row, the method of execution, and the issuance of execution warrants for mentally incapable persons. EUROPEAN UNION (EU) The European Union takes an active stance against the death penalty in its relations with accession countries and third countries. First, the abolition of the death penalty is a prerequisite to accession to the EU.17 Second, the EU has developed Guidelines on European Union policy towards third countries on the death penalty.18 These Guidelines, which are reproduced in Annex 2, contain a list of minimum standards on the use of the death penalty. 14 15 16 17 18 Article 37 of the Convention on the Rights of the Child, UN General Assembly Resolution 44/25 of 20 November 1989. Entered into force on 2 September 1990. Resolution 2000/17, 17 August 2000. On this basis, the Human Rights Committee has stated that states parties may not reserve the right to execute children or pregnant women. See General Comment No. 24, adopted at the 52nd session of the Human Rights Committee, 1994. The abolition of the death penalty for peacetime crimes is an element of the Copenhagen Criteria for accession countries to the European Union. General Affairs Council, Luxembourg, 29 June 1998. 10