(g) Anyone sentenced to death shall have the right to seek pardon, or commutation of sentence pardon or commutation of sentence may be granted in all cases of capital punishment

Since the commutation of his sentence, he claims, the general conditions of his detention have not improved.

The Committee concluded that the author was entitled to an appropriate remedy, including commutation of his death sentence.

The defendant apos s right to seek pardon, commutation of the sentence or clemency must also be guaranteed.

3.3 Counsel requests that the Committee recommend the commutation of the author apos s death sentence to life imprisonment.

Following the commutation of his sentence, Howard Malcolm withdrew his case, which was accordingly discontinued by the Committee in July 1995.

Following the commutation of his sentence, Howard Malcolm withdrew his case, which was accordingly discontinued by the Committee in July 1995.

However, a final recourse open to him is to Petition for Clemency to the President for inter alia a pardon or the commutation of the sentence imposed to a lesser sentence.

Commutation of annual leave

Aware of the commutation of the author apos s death sentence on 16 March 1995, the Committee considers that a further measure of clemency would be appropriate.

10.2 In view of the commutation of Mr. Graham apos s death sentence, the Committee need not address counsel apos s argument that the execution of the death sentence would constitute a violation of article 6 of the Covenant.

(h) Capital punishment shall not be carried out pending any appeal or other recourse procedure or other proceeding relating to pardon or commutation of the sentence

Further, in view of the commutation of Mr. Arutyuniantz's death sentence, there is no longer any factual basis for the author's claim under article 6 of the Covenant.

Pursuant to article 2, paragraph 3 (a) of the Covenant, the Committee concludes that the author is entitled to an appropriate remedy including commutation of his death sentence.

The Committee considers that commutation of the death sentence constitutes an adequate remedy, pursuant to article 2, paragraph 3 (a), of the Covenant, for the violation of article 6.

This includes a fair and open trial, the right to legal assistance at all stages, the right to appeal and the right to seek pardon or commutation of sentence.

9. The Committee is of the view that Mr. Lubuto is entitled, under article 2, paragraph 3 (a), of the Covenant, to an appropriate and effective remedy, entailing a commutation of sentence.

In May 2004, Kelsey Patterson was executed in Texas for double murder, despite having suffered from paranoid schizophrenia since 1981 and having been recommended for commutation of sentence by the Texas Board of Pardons.

4.3 It is contended that the fact that the author was on death row for a period of five years prior to the commutation of his sentence does not constitute cruel and inhuman treatment.

The Special Rapporteur intervenes when capital punishment is imposed after an unfair trial or in the case of a breach of the right to appeal or the right to seek pardon or commutation of the sentence.

Not all the responding retentionist countries stated that they abided by the eighth safeguard guaranteeing that no person would be executed pending any appeal or other recourse procedures, including pardon or commutation of sentence.

8.1 In her comments, counsel notes that she only learned of the commutation of the author apos s death sentence by letter of 29 August 1995 from the Permanent Secretary of the Governor General apos s office.

The Committee has taken note of the commutation of Mr. Douglas apos death sentence, but it is of the view that in the circumstances of the case, the remedy should be the author apos s early release.

In further observations dated 27 December 2001, the State party encloses a memorandum from the President of the Supreme Court, which lists the offences of which the author was convicted, the original sentence imposed and its subsequent commutation.

Moreover, the Special Rapporteur took action on behalf of persons facing execution and whose right to appeal and or to seek pardon or commutation of the sentence was not respected in the Bahamas, the Democratic Republic of the Congo and Turkmenistan.

It notes that, whilst the State party has provided comments on the author's case and conviction, including information about the commutation of the death sentence, it has not provided any information about the claims made by the author.

Post retirement benefit and commutation of annual leave are elements of common staff costs.

The applicants are also requesting the commutation of their death sentences to terms of imprisonment.

The right to seek a pardon, a commutation and an appeal

912 2000 (Deolall v. Guyana), the Committee found violations of articles 6 and 14, paragraphs 1 and 3 (g), and decided that the State party was under an obligation to provide the author with an effective remedy, including release or commutation of the death sentence.

As an interim measure, TRC also recommended a moratorium on and commutation of all death sentences.

Labour sentence Prison sentence

(a) The supervision of the enforcement of sentences, the early release of convicts, the commutation of sentences and pardons

(d) Not to impose the death penalty for any but the most serious crimes and only pursuant to a final judgement rendered by an independent and impartial competent court, and to ensure the right to a fair trial and the right to seek pardon or commutation of sentence

(d) Not to impose the death penalty for any but the most serious crimes and only pursuant to a final judgement rendered by an independent and impartial competent court, and to ensure the right to a fair trial and the right to seek pardon or commutation of sentence

6.13.2 At the end of the sentence add the following new sentence

After the Committee has made a finding of a violation of a provision of the Covenant in its Views under article 5, paragraph 4, of the Optional Protocol, it proceeds to ask the State party to take appropriate steps to remedy the violation, such as commutation of sentence, release, or providing adequate compensation for the violation suffered.

(c) After the seventh sentence, add the following sentence

During the same period, 54 persons had their sentences overturned on appeal or through the commutation process.

It notes with concern that, following the transmittal of the Committee apos s decision on admissibility, the State party has limited itself to informing the Committee about the commutation of the author apos s death sentence and that no information has been received from the State party clarifying the matter raised by the present communication.

1. The opening sentence of draft staff regulation 1.2 (c) reproduces the first sentence of staff regulation 1.2.

Next Sentence

Previous Sentence

Example sentence

Sentence case