A/HRC/30/18 serious crimes”. This term has been interpreted to mean that the death penalty should only be applied to the crime of intentional killing. The Human Rights Committee has repeatedly stressed that the use of the death penalty for drug-related crimes does not meet the threshold of the most serious crimes.17 However, the death penalty continues to be applied in 33 countries or territories for drug-related crimes. Some States also continue to use the death penalty for other crimes or acts not involving intentional killing, such as consensual sexual acts, economic and political crimes, robbery, blasphemy, witchcraft and sorcery. 17. The Human Rights Committee has also concluded that mandatory death sentences are not compatible with the most serious crimes. According to the Human Rights Committee, laws that impose the death penalty without any possibility of the defendant’s personal circumstances or the circumstances of the particular offence being taken into account constitute violations of the right to life under the Covenant.18 The Inter-American Court of Human Rights19, the African Commission on Human and Peoples’ Rights 20 and the national courts in Bangladesh,21 India,22 Kenya23, Malawi24 and Uganda25 have also declared that the mandatory death penalty is incompatible with the right to life. 18. The prohibition of executions for crimes committed by persons under the age of 18 is provided in several international and regional human rights treaties, in particular in article 6 of the International Covenant on Civil and Political Rights and article 37 of the Convention on the Rights of the Child. The prohibition on the execution of pregnant women is also set out in article 6 of the International Covenant on Civil and Political Rights. In its resolution 69/186, the General Assembly calls on all States not to impose capital punishment for offences committed by persons below 18 years of age, on pregnant women or on persons with mental or intellectual disabilities. Moreover, in its resolution 1989/64, the Economic and Social Council recommended that States establish a maximum age beyond which a person may not be sentenced to death or executed. C. Right to a fair trial 19. The death penalty may be carried out only pursuant to a final judgement rendered by a competent court after a legal process that provides all possible safeguards to ensure a fair trial, at least equal to those contained in article 14 of the International Covenant on Civil and Political Rights, including the right of anyone suspected of, or charged with, a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings. 20. In July 2007, the Human Rights Committee adopted its general comment No. 32 (2007) on article 14: right to equality before the courts and tribunals and to a fair trial, 17 18 19 20 21 22 23 24 25 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15792&LangID=E. See, inter alia, communications No. 1520/2006, Mwamba v. Zambia, Views adopted on 10 March 2010, para. 6.3; No. 1132/2002, Chisanga v. Zambia, Views adopted on 18 October 2005, para. 7.4; No. 845/1998, Kennedy v. Trinidad and Tobago, Views adopted on 26 March 2002, para. 7.3; and No. 2177/2012, Johnson v. Ghana, Views adopted on 27 March 2014, para. 7.3. See www.cidh.oas.org/demandas/12.480%20Lennox%20Boyce%20et%20al%20Barbados%2014% 20dec%202006%20ENG.pdf. See www.achpr.org/communications/decision/240.01/. See www.supremecourt.gov.bd/web/documents/808470_CivilAppealNo.116of2010.pdf. See www.lawyerscollective.org/files/IHRN%20judgment.pdf and http://indiankanoon.org/doc/166513655/. See http://kenyalaw.org/Downloads_FreeCases/76411.pdf. See www.eji.org/files/Kafantayeni%20v.%20Attorney%20General.pdf and Jacob v. The Republic, criminal appeal No. 18 of 2006 (judgement on file with the Secretariat and available for consultation). See www.ulii.org/ug/judgment/constitutional-court/2005/8. 7