EU Policy on the Abolition of Death Penalty European/World Day against

EU Policy on the Abolition of
the Death Penalty
European/World Day against
the Death Penalty,
10 October 2014
JULY 2014
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 EU’s human rights policy. EU High
Representative for Foreign Affairs and Security Policy and Vice
President of the European Commission Catherine Ashton has on a
number of occasions declared that the EU’s work on abolishing the
death penalty worldwide is a personal priority.
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.
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.
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.
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.
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).
EU DP Guidelines
Adopted in 1998 and recently revised in 2013, DP
Guidelines form the basis for EU action.
Provide criteria for making general or individual
representations & outline exhaustive 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.
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.
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 2013 and in the course of 2014, the EU carried
out numerous demarches worldwide (on
individual cases, general use of the DP, UN
General Assembly action).
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), 63/168 (18 December 2008), 65/206 (21
December 2010), 67/176 (20 December 2012) EU and Council of Europe
initiative for the European Day against the Death Penalty (10 Oct.)
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.
EU DP Guidelines: the UN minimum
standards
Capital punishment may be imposed only for the most
serious crimes (not for example for financial crimes, drug
offences, 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, new mothers and nursing women;
persons suffering from mental illness;
The elderly
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.
EIDHR & Fight against DP
Activities aimed at promoting the restrictive use of, the
establishment of a moratorium on, and the permanent
abolition of the death penalty traditionally represent a key
thematic priority for assistance under the EIDHR
Activities include:
Reforming Criminal Codes;
Respecting the relevant international and regional
instruments;
Advancing a conductive environment for further abolition.
EIDHR
EIDHR is the lead source of funding for abolitionist
projects around the retentionist world
Solid track record: Since 2007, the EIDHR has allocated
almost 20 million Euros to over 25 projects worldwide
EIDHR 2011-13: The EIDHR has just allocated €7 million
to 9 new key abolitionist projects around the world
Useful websites
EEAS
http://www.eeas.europa.eu/human_rights/adp/index_en.ht
m
DEVCO
http://ec.europa.eu/europeaid/how/finance/eidhr_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
Contact points
Focal points for EU policy against the death penalty:
EEAS: Antonis Alexandridis(policy, thematic input,
EIDHR programming)
DEVCO B1: Luigia Di Gisi (EIDHR programming &
implementation, evaluation)