(iv) whether international human rights law allows for the imposition of the death penalty for crimes for which the sentence of death did not exist at the time the crime was committed The Council considers that international human rights law clearly does not allow for the imposition of the death penalty for crimes for which the sentence of death did not exist at the time the crime was committed. The Council endorses the terms of Article 15 of the ICCPR which states that: 1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby. 2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations. (v) the nature and scope of procedural guarantees and other safeguards stipulated by international human rights law in the imposition and execution of the death penalty The Council considers Article 14 of the ICCPR, paragraph 7 of the General Comment 6 on Article 6 of the ICCPR3, and the United Nations Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty4 to be the most relevant international standards on procedural guarantees and safeguards in relation to the death penalty. The Council endorses these standards and safeguards. 3 4 See Annexure 3. See Annexure 4. 7

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