2 (2) and (6)) that abolition is desirable. The Committee concludes that all measures of abolition
should be considered as progress in the enjoyment of the right to life within the meaning of article
40, and should as such be reported to the Committee. The Committee notes that a number of States
have already abolished the death penalty or suspended its application. Nevertheless, States’ reports
show that progress made towards abolishing or limiting the application of the death penalty is quite
inadequate.
7.
The Committee is of the opinion that the expression “most serious crimes” must be read
restrictively to mean that the death penalty should be a quite exceptional measure. It also
follows from the express terms of article 6 that it can only be imposed in accordance with the law in
force at the time of the commission of the crime and not contrary to the Covenant. The procedural
guarantees therein prescribed must be observed, including 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. These rights are applicable in addition to the particular right
to seek pardon or commutation of the sentence.
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