(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