EU Policy on the Abolition of the Death Penalty European/World Day against the Death Penalty, 10 October 2013 JULY 2013 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. 1
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. 2
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). 3
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 beprogressively restricted and to insist that it be carried out according to minimum standards. 4
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 2012 and in the course of 2013, 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 statementwhere 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.) 5
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 6
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. 7
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 8
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) 9