death_penalty_new.qxd 02-08-27 12:57 Page 56 THE DEATH PENALTY IN THE OSCE AREA INTERNATIONAL STANDARDS Juvenile Offenders: At the time of ratification, the USA entered a reservation to Article 6(5) of the ICCPR to enable it to impose the death penalty on persons who were below the age of 18 at the time when the crime was committed219. At the federal level, persons who were below the age of 18 at the time when the crime was committed cannot be sentenced to death220. At the State level, 22 of the 38 States that retain the death penalty allow the death penalty to be imposed for crimes that were committed by people who were under the age of 18221. Four persons who were under the age of 18 at the time when the crime was committed were executed in 2000. One person was executed in 2001 and as of 30 June 2002, one person has been executed222. As of 31 May 2002, 83 child offenders await execution in the USA223. Pregnant women: Pregnant women cannot be executed224. Clemency/Pardon: At the federal level, the President has the sole authority to grant clemency. At the State-level, most States provide for a clemency process for death penalty cases. The process differs from State to State. However, very few acts of clemency are actually made. Two acts of clemency were made in 2000 and three in 2001. As of 30 June 2002, two acts of clemency have been made225. ADDITIONAL COMMENTS Competent Court In the wake of the September 11 terrorist attacks in the USA, President Bush issued a Military Order pursuant to which the USA may establish military 220 221 222 223 224 225 226 The United Nations Human Rights Committee has expressed concern that this reservation may be incompatible with the object and purposes of the ICCPR, CCPR/81/Add.4, Concluding Observations to the initial report of the USA. The US Supreme Court has prohibited the death penalty for persons who were below the age of 16 at the time when the crime was committed. See Thompson v. Oklahoma 487 U.S. 815, No. 86-6169, 29 June 1988. 18 U.S.C. § 3591(a)(2)(D), 18 U.S.C. § 3591 (b)(2). World Report 2002, Human Rights Watch, New York, p. 500 states that 23 states retain such legislation. In April 2002 Governor O’Bannon signed into law legislative changes to Indiana Death Penalty Law raising the minimum age for death penalty eligibility from 16 to 18 at the time of the crime. See www.clarkprosecutor.org. Death Penalty News, March 2002, AI ACT 53/002/2002, Amnesty International, London. p.5. www.deathpenaltyinfo.org. 18 U.S.C § 3596 (b). www.deathpenaltyinfo.org. 56