Safeguards guaranteeing protection of
the rights of those facing the death penalty
Adopted by Economic
and Social Council resolution 1984/50 of 25 May
1984
1. In countries which have not
abolished the death penalty, capital punishment may be imposed only
for the most serious crimes, it being understood that their scope
should not go beyond intentional crimes with lethal or other extremely
grave consequences.
2. Capital punishment may be imposed
only for a crime for which the death penalty is prescribed by law at
the time of its commission, it being understood that if, subsequent to
the commission of the crime, provision is made by law for the
imposition of a lighter penalty, the offender shall benefit thereby.
3. Persons below 18 years of age at
the time of the commission of the crime shall not be sentenced to
death, nor shall the death sentence be carried out on pregnant women,
or on new mothers, or on persons who have become insane.
4. Capital punishment may be imposed
only when the guilt of the person charged is based upon clear and
convincing evidence leaving no room for an alternative explanation of
the facts.
5. Capital punishment may only be
carried out pursuant to a final judgement rendered by a competent
court after legal process which gives all possible safeguards to
ensure a fair trial, at least equal to those contained in article 14
of the International Covenant on Civil and Political Rights, including
the right of anyone suspected of or charged with a crime for which
capital punishment may be imposed to adequate legal assistance at all
stages of the proceedings.
6. Anyone sentenced to death shall
have the right to appeal to a court of higher jurisdiction, and steps
should be taken to ensure that such appeals shall become mandatory.
7. Anyone sentenced to death shall
have the right to seek pardon, or commutation of sentence; pardon or
commutation of sentence may be granted in all cases of capital
punishment.
8. Capital punishment shall not be
carried out pending any appeal or other recourse procedure or other
proceeding relating to pardon or commutation of the sentence.
9. Where capital punishment occurs, it
shall be carried out so as to inflict the minimum possible suffering. |