1.
Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
2.
In countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance
with the law in force at the time of the commission of the crime and not
contrary to the provisions of the present Covenant and to the Convention
on the Prevention and Punishment of the Crime of Genocide. This
penalty can only be carried out pursuant to a final judgement rendered
by a competent court.
3.
When deprivation of life constitutes the crime of genocide, it is
understood that nothing in this article shall authorize any State Party to
the present Covenant to derogate in any way from any obligation
assumed under the provisions of the Convention on the Prevention and
Punishment of the Crime of Genocide.
4.
Anyone sentenced to death shall have the right to seek pardon or
commutation of the sentence. Amnesty, pardon or commutation of the
sentence of death may be granted in all cases.
5.
Sentence of death shall not be imposed for crimes committed by persons
below eighteen years of age and shall not be carried out on pregnant
women.
6.
Nothing in this article shall be invoked to delay or to prevent the abolition
of capital punishment by any State Party to the present Covenant.
73. The Court observes that the death penalty must be treated as an
exceptional measure reserved only for the most heinous of offences,24
warranting a thorough examination of all available aggravating and
mitigating circumstances. The sanctity of the right to life demands that the
death penalty, should not be considered as a default option among criminal
punishments.25 However, if it is to be considered as such, it must be strictly
limited to cases involving the most serious crimes, and all doubts regarding
the culpability of the accused must be rigorously addressed and ruled out.
24
Mwita v. Tanzania (judgment), supra, § 66.
Ghati Mwita v. United Republic of Tanzania, Application No. 012/2019, Judgment of 1 December 2022
(merits), § 66.
25
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