41 97) The aforementioned representatives indicated that in other countries 104 of the Commonwealth, a distinction has been made between capital or first degree murder, and non-capital or second degree murder. Capital murder 105 at times carries the "mandatory death penalty" as a punishment, while second-degree murder does not. In Trinidad and Tobago, there have been attempts to introduce this distinction through a reform of the Offences Against the Person Act, 106 which in spite of being approved by the Senate has still not been promulgated. * * * Assessment of the Court 98) After considering the arguments of the parties, the Court will reach a decision concerning the "mandatory death penalty," for which it is relevant to reiterate that Article 4 of the American Convention stipulates that: 1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life. 2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall not be extended to crimes to which it does not presently apply. 3. abolished it. The death penalty shall not be reestablished in states that have 4. In no case shall capital punishment be inflicted for political offenses or related common crimes. 5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women. 6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a petition is pending decision by a competent authority. 99) In spite of the fact the Convention does not expressly prohibit the application of the death penalty, the Court has affirmed that the conventional rules concerning the death penalty should be interpreted as "imposing restrictions designed to delimit 104 Here the Representatives specifically mentioned the United Kingdom, Jamaica and Belize. 105 Under common law, reference to the term "capital" is made in relation to a capital crime or a capital case, in the sense that it is susceptible to the most severe punished with the most severe punishment, in other words, punishable with death. 106 Republic of Trinidad and Tobago, Offences Against the Person Act (Amendment) (No.2) (2000).