death_penalty_new.qxd 02-08-27 12:57 Page 12 THE DEATH PENALTY IN THE OSCE AREA beyond intentional crimes with lethal or other extremely grave consequences14. In its most recent resolution on the question of the death penalty, the UN Commission on Human Rights called upon all states that maintain the death penalty to progressively restrict the death penalty. The resolution also states that the death penalty should not be imposed for non-violent acts such as financial crimes, sexual relations between consenting adults and non-violent religious practice or expression of conscience. Competent court Article 6(2) of the ICCPR provides that the death penalty may only be imposed in a manner not contrary to the provisions of the ICCPR and pursuant to a final judgement rendered by a competent court. The General Comment of the UN Human Rights Committee states that the procedural guarantees prescribed in the ICCPR must be observed. These guarantees include 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. The ECOSOC Safeguards also state that the death penalty may only be carried out pursuant to a final judgement rendered by a competent court after legal process that gives all possible safeguards to ensure a fair trial at least equal to those in Article 14 of the ICCPR. The most recent resolution of the UN Commission on Human Rights also states that all legal proceedings should conform to Article 14 of the ICCPR15. Persons below the age of 18 and pregnant women Article 6(5) of the ICCPR prohibits the death sentence for crimes committed by persons below the age of 18. It also prohibits the execution of pregnant women. The prohibition on the death sentence for crimes committed by persons below the age of 18 is reiterated in the Convention on the Rights of the Child (CRC). Article 37(a) provides that capital punishment shall not be imposed for offences committed by persons below the age of 1816. This principle has been reaffirmed by the ECOSOC Safeguards and a number of resolutions of the UN Commission on Human Rights17. In addition, the UN Sub-Commission on the Promotion and Protection of Human Rights has stated that the imposition of the death penalty on those aged below 18 at the time of the commission of 14 15 16 17 Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty, UN Economic and Social Council Resolution 1984/50, adopted on 25 May 1984. The Special Rapporteur on Extra-judicial, Summary and Arbitrary Executions has stated that the process leading to the imposition of the death penalty must comply with Articles 9, 14 and 15 of the ICCPR. See ‘Issues of special concern to the special rapporteurs’, www.unhchr.ch. Convention on the Rights of the Child, Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989. Entered into force on 2 September 1990. Commission on Human Rights Resolutions 2002/77 on the Death Penalty, 2002/36 on Extra-judicial, Summary or Arbitrary Executions, 2002/47 on the Administration of Justice, in Particular Juvenile Justice and 2002/92 on the Rights of the Child. 12