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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