Condensed: Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Upon pardon, the enforceable penalty is voided in full. Commutation of sentence means that death sentence is substituted with imprisonment or a lighter penalty. Amnesty means remitting a penalty for a certain number of cases. Amnesty, pardon or commutation of the sentence of death may be granted in all cases . An execution may not be carried out while a request for pardon or commutation is pending before the relevant authorities Comprehensive: Article 6(4) of the ICCPR provides: ‘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.’[1] Pardon and commutation are decisions by the executive to release a convicted prisoner or reduce his or her sentence. The definition of pardon and commutation differ in each country. Pardon may entail the revocation of the conviction for example in cases of miscarriage of justice. (See *compensation for miscarriage of justice*).In Marz v Russia, the HRC noted that ‘pardon is in essence humanitarian or discretionary in nature, or motivated by considerations of equity’.[2] An execution may not be carried out while a request for pardon or commutation is pending before the relevant authorities.[3] (See *death penalty*). Revocation of legislation providing for the right to seek pardon or commutation has been held by the IACtHR to be a violation of article 4(6) of the ACHR.[4] In Kennedy v Trinidad & Tobago, the HRC held that the procedure for consideration of requests for pardon or commutation does not need to be governed by the fair trial provisions in article 14 of the ICCPR.[5] In Chisanga v Zambia, Mr Chisanga was excluded from an amnesty or commutation for prisoners who had spent more than ten years on death row since he had spent two years of his 11 years in detention in the long-term section and not on death row. The HRC held that Mr Chisanga had not been granted an ‘effective remedy in relation to his right to seek amnesty or commutation as protected by article 6, paragraph 4, together with article 2 of the Covenant.’[6]
Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Upon pardon, the enforceable penalty is voided in full. Commutation of sentence means that death sentence is substituted with imprisonment or a lighter penalty. Amnesty means remitting a penalty for a certain number of cases. Amnesty, pardon or commutation of the sentence of death may be granted in all cases . An execution may not be carried out while a request for pardon or commutation is pending before the relevant authorities
Comprehensive:
Article 6(4) of the ICCPR provides: ‘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.’[1] Pardon and commutation are decisions by the executive to release a convicted prisoner or reduce his or her sentence. The definition of pardon and commutation differ in each country. Pardon may entail the revocation of the conviction for example in cases of miscarriage of justice. (See *compensation for miscarriage of justice*).In Marz v Russia, the HRC noted that ‘pardon is in essence humanitarian or discretionary in nature, or motivated by considerations of equity’.[2]
An execution may not be carried out while a request for pardon or commutation is pending before the relevant authorities.[3] (See *death penalty*). Revocation of legislation providing for the right to seek pardon or commutation has been held by the IACtHR to be a violation of article 4(6) of the ACHR.[4]
In Kennedy v Trinidad & Tobago, the HRC held that the procedure for consideration of requests for pardon or commutation does not need to be governed by the fair trial provisions in article 14 of the ICCPR.[5] In Chisanga v Zambia, Mr Chisanga was excluded from an amnesty or commutation for prisoners who had spent more than ten years on death row since he had spent two years of his 11 years in detention in the long-term section and not on death row. The HRC held that Mr Chisanga had not been granted an ‘effective remedy in relation to his right to seek amnesty or commutation as protected by article 6, paragraph 4, together with article 2 of the Covenant.’[6]
[1] See also ACHR art 4(6)
[2] Communication 1425/2005 (HRC 2009) para 6.6.
[3]Chikunov v Uzbekistan 1043/2002 (HRC 2007) para 7.6. e ACHR art 4(6; Raxcacó Reyes v Guatemala (IACtHR 2005) para 132
[4]Raxcacó Reyes v Guatemala (IACtHR 2005) para 85.
[5] Kennedy v Trinidad & Tobago communication 845/1999 (HRC 2002) para 7.4.
[6] Chisanga v Zambia communication 1132/2002 (HRC 2005) para 7.5.