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Safeguards Guaranteeing Protection of the Rights of those Facing the Death Penalty Economic and Social Council resolution 1984/50, adopted 25 May 1984 In countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, intentionally committed with lethal or extremely grave consequences. Capital punishment may be imposed only for a crime for which the death penalty is prescribed by law at
the time of its commission. Persons below 18 years of age, pregnant women, new mothers or persons who have become insane shall not be sentenced to death. Capital punishment may be imposed only when guilt is determined by clear and convincing evidence leaving no room for an alternative explanation of the facts. Capital punishment may be carried out only after a final judgment rendered by a competent court allowing all possible safeguards to the defendant, including adequate legal
assistance. Anyone sentenced to death shall have the right of appeal to a court of higher jurisdiction. Anyone sentenced to death shall have the right to seek pardon or commutation of sentence. Capital punishment shall not be carried out pending any appeal, recourse procedure or proceeding relating to pardon or commutation of the sentence. Where capital punishment occurs, it shall be carried out so as to inflict the minimum possible suffering. | |||||
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