death_penalty_new.qxd 02-08-27 12:57 Page 11 OTHER INTERNATIONAL STANDARDS AND INSTRUMENTS 3.1 UNITED NATIONS (UN) The International Covenant on Civil and Political Rights (ICCPR)10 The right to life is governed by Article 6. Article 6 does not prohibit the use of the death penalty. However, the General Comment of the UN Human Rights Committee on Article 6 of the ICCPR states that all measures of abolition should be considered as progress in the enjoyment of the right to life11. In addition, in its most recent resolution on the death penalty, the UN Commission on Human Rights reaffirmed its previous resolutions in which it stated that the abolition of the death penalty contributes to the enhancement of human dignity and to the progressive development of human rights12. The resolution called upon all states that still maintain the death penalty to establish a moratorium on executions, with a view to completely abolishing the death penalty. Whilst Article 6 does not expressly prohibit the death penalty, it does place a number of restrictions on the use of capital punishment. Firstly, it prohibits the imposition of the death sentence except for the most serious crimes. Secondly, it prohibits the application of the death penalty unless it is pursuant to a final judgement rendered by a competent court. Thirdly, it stipulates that those sentenced to death must have the right to seek pardon or commutation. Fourthly, it prohibits the imposition of the death sentence for crimes committed by persons below 18 years of age and prohibits the execution of pregnant women. These restrictions have been further defined and expanded upon by a number of forums within the UN13. Serious crimes Article 6(2) of the ICCPR provides that the death penalty may only be imposed for the most serious crimes. The General Comment of the UN Human Rights Committee states that the term ‘most serious crimes’ must be read restrictively to mean that the death penalty should be a quite exceptional measure. The ECOSOC Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty (ECOSOC Safeguards) further specify that the scope of the crimes which are punishable by the death penalty should not go 10 11 12 13 Adopted and opened for signature, ratification and accession by General Assembly Resolution 2200 A (XXI) of 16 December 1966. Entered into force on 23 March 1976. General Comment 6, adopted at the 16th session of the Human Rights Committee on 27 July 1982. Commission on Human Rights Resolution 2002/77, April 2002. Whilst the provisions of the ICCPR and the Protocols thereto are binding, the following United Nations documents, except the Convention on the Rights of the Child, which are referred to in this section are not of a legally binding nature. 11