EU Policy on the Abolition of the Death Penalty

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EU Policy on the Abolition of the Death Penalty

• European/World Day against the Death Penalty, 10
  October 2009
• DG RELEX, Unit Human Rights and Democratisation
• September 2009

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Key messages

• The European Union has a strong and principled
  position against the death penalty.
• The abolition of the death penalty worldwide
  represents one of the main objectives of the EUs
  human rights policy. Where the death penalty
  still exists, the EU calls for its use to be
  progressively restricted and insists that it be
  carried out according to international minimum
  standards.
• The EU uses all its available tools of diplomacy
  and cooperation assistance to work towards the
  abolition of the death penalty.
• The EU is leading institutional actor and lead
  donor to the efforts by civil society
  organizations around the world in the abolition
  of the death penalty.

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Europe

• All EU Member States have abolished DP
• In terms of regional ensembles, Europe is in a
  unique position - only Russia has yet to formally
  abolish DP and only Belarus still carries out
  executions.
• Commitment under accession to Council of Europe
  to establish a moratorium and to ratify Protocols
  No 6 and 13 to the European Convention on Human
  Rights.

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Global figures

• 139 countries have abolished the death penalty in
  practice or in law.
• 58 countries retain and use the DP, but the
  countries where executions are carried out is
  much smaller (according to Amnesty International,
  at least 2,390 people were known to have been
  executed in 25 countries during 2008, while 8864
  individuals were sentenced to death in 52
  countries).
• In 2008, 93 per cent of all known executions took
  place in 5 countries - China, Iran, Saudi Arabia,
  the USA and Pakistan.

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Global trends

• Trend towards abolition. Over 55 countries have
  abolished the DP for all crimes since 1985. Most
  recently, Argentina, Uzbekistan, Burundi and Togo
  and the US State of New Mexico.
• Once abolished, DP is seldom reintroduced. Since
  1985, only 4 abolitionist countries reintroduced
  DP.

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International law

• Death Penalty is not prohibited under
  International law
• Its use is restricted UN ECOSOC minimum
  standards ban on execution of juvenile offenders
  (International Covenant on Civil and Political
  Rights (ICCPR) article 6, Convention on the
  Rights of the Child article 37).
• International treaties providing for the
  abolition of DP
• World-wide 2nd Optional Protocol to the ICCPR
  (peacetime).
• Regional Protocol to the American Convention on
  Human Rights, Protocols No 6 and 13 to the
  European Convention on Human Rights.
• International criminal law International
  Criminal Court Statute and International Criminal
  Tribunals for Rwanda/Former Yugoslavia exclude DP
  from the punishments the courts are authorised to
  impose.

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Arguing against the Death Penalty

• Imposition of the death penalty contravenes the
  right to life and the right not to be subjected
  to cruel, inhuman or degrading punishment.
• The death penalty does not deter crime more
  effectively than other punishments.
• Abolition of the death penalty does not lead to
  an increase in crime.

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Arguing against the Death Penalty (2)

• Miscarriages of justice, which are inevitable in
  any legal system, are irreversible.
• Prisoners on death row can include juveniles,
  mentally ill or mentally retarded persons,
  pregnant mothers.
• Cruel and inhuman execution methods (e.g.
  stoning).

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EU DP Guidelines

• Adopted in 1998 and revised in 2008, DP
  Guidelines form the basis for EU action.
• Provide criteria for making general or individual
  representations outline minimum standards to be
  applied in countries retaining the death penalty.
• A policy area where there is a strong EU
  consensus.
• The EU is the only international actor to
  actively pursue the abolition of the DP as a
  policy goal.

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EU DP Guidelines (2)

• State that abolition of the death penalty
  contributes to the enhancement of human dignity
  and the progressive development of human rights.
• Establish the EU objectives as
• work towards universal abolition of the death
  penalty as a strongly held policy view agreed by
  all EU MS.
• Where the death penalty still exists, to call for
  its use to be progressively restricted and to
  insist that it be carried out according to
  minimum standards.

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EU DP Guidelines (3)

• The EU to intensify its initiatives, including
  declarations or demarches on the DP, on
  international fora and towards other countries.
• In 2008, the EU carried out numerous demarches
  worldwide (on individual cases, general use of
  the DP, UN General Assembly action).

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EU DP Guidelines general demarches

• The EU will raise the issue of DP in its dialogue
  with third countries (call for abolition, or at
  least a moratorium)
• Demarche when policy of the third country is in
  flux/countries on the cusp campaign
• Demarche or public statement where countries take
  steps towards abolition
• Other initiatives may include human rights
  reporting, encouraging third countries to accede
  to international or regional instruments, raising
  the issue in multilateral fora, bilateral and
  multilateral co-operation, e.g. UN General
  Assembly (UNGA) Declaration 19 Dec. 2006, UNGA
  Resolutions 62/149 (18 December 2007) and 63/168
  (18 December 2008), EU and Council of Europe
  initiative for the European Day against the Death
  Penalty (10 Oct.)

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EU DP Guidelines individual cases

• The EU does not and cannot carry out demarches on
  all individual cases.
• EU will consider a demarche only in cases which
  violate the UN minimum standards.
• Speed and facts are essential.
• Sources EU missions and Delegations,
  international and local NGOs.

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EU DP Guidelines the UN minimum standards

• Capital punishment may be imposed only for the
  most serious crimes (not for example for
  financial crimes, religious practice, expression
  of conscience, sexual relations between
  consenting adults, or as a mandatory sentence).
• Capital punishment may not be imposed on
• persons below 18 years of age at the time of the
  commission of the crime
• pregnant women or new mothers
• persons who have become insane.

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EU DP Guidelines the UN minimum standards (2)

• Capital punishment may be imposed only when guilt
  of the person charged is based upon clear and
  convincing evidence leaving no room for
  alternative explanation of the facts.
• Due process/Fair trial (article 14 of ICCPR).
• Effective right to appeal to a court of higher
  jurisdiction.
• Right to seek pardon or commutation of the
  sentence.
• Capital punishment must inflict the minimum
  possible suffering. It may not be carried out in
  public or in any other degrading manner.

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EIDHR Fight against DP

• Activities in support of the abolition of DP
  traditionally represent a key priority under
  EIDHR.
• Activities include
• raising awareness amongst the public and key
  opinion makers on the principal arguments against
  the DP
• monitoring of conditions of implementation of DP
  and the application of minimum international
  standards
• legal reform to limit the use of abolish DP and
  the provision of legal assistance to cases of
  particular concern
• promotion of Second Optional Protocol to ICCPR.

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EIDHR

• EIDHR is the lead source of funding for
  abolitionist projects worldwide.
• Solid track record In the past (starting 1994),
  the Commission funded over 30 projects worldwide,
  with an overall budget of over 15 million.
• EIDHR 2007-10 In addition, following the last
  call for proposals, the EIDHR is currently
  allocating over 8 million to 16 abolitionist
  projects around the world.

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Useful websites

• DG RELEX http//ec.europa.eu/comm/external_relatio
  ns/human_rights/adp/index.htm
• EuropeAid http//ec.europa.eu/europeaid/where/worl
  dwide/eidhr/index_en.htm
• Death Penalty
• Amnesty International www.amnesty.org
• Human Rights Watch www.hrw.org
• World Coalition Against the Death Penalty
  http//www.worldcoalition.org
• Ensemble Contre la Peine de Mort
  www.abolition.fr

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Contact points

• COM focal points for EU policy against the death
  penalty
• RELEX Christian BEHRMANN, B1 (policy, thematic
  input, EIDHR programming)
• AIDCO Angela DELLA PORTA, F2 (EIDHR
  implementation and evaluation)