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 The EU's Human rights & Democratisation Policy

 

Abolition of the Death Penalty

The European Union campaigns towards the universal abolition of the death penalty. This stance is rooted in the belief in the inherent dignity of all human beings and the inviolability of the human person, regardless of the crime committed.

Abolition of the death penalty is a requirement for countries seeking EU membership. All candidate countries (see regular reports on the accession countries) have acceded to Protocol No. 6 to the European Convention on Human Rights, concerning the Abolition of the Death Penalty. In addition, EU Member States are all signatories to Protocol 13 to the ECHR, concerning the abolition of the death penalty in all circumstances, which was adopted in Vilnius in May 2002. This treaty explicitly bans the death penalty in all circumstances, including in war-time.

However, despite a global trend towards the abolition of the death penalty, a large number of executions are still taking place and many countries retain the capital punishment de facto or in their legislation.

In 1998 the EU decided, as an integral part of its human rights policy, to strengthen its international activities in opposition to the death penalty. The EU drew up policy guidelines for demarches (or representations) and other actions it will take on capital punishment in multilateral fora and towards third countries. These guidelines provide a set of criteria for making representations and outline minimum standards to be applied in countries retaining the death penalty. The EU also presses, where relevant, for moratoria to be introduced as a first step towards the abolition of the death penalty.

This EU commitment was reaffirmed in December 2000 at the European Council Summit in Nice, with the solemn proclamation of the EU Charter on Fundamental Rightsendepdf file. In the meantime, the Charter has become the second part of the EU Draft Constitutional Treaty which is currently under consideration for adoption by the European Council. The Charter reaffirms the right of everyone to life and the prohibition of the death penalty (Article II-2). It also states that no one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty (Article II-19).

EU Action against the Death Penalty

The EU maintains a high level of activity against the death penalty and has different instruments at its disposal. Initiatives at the political level include representations and declarations. In addition, the EU also provides support on a more practical level through project support under the European Initiative for Democracy and Human Rights.

Political action

General representations consist in the EU raising the issue of the death penalty in its dialogue with third countries. Such demarches occur particularly when a country's policy on the death penalty is in flux, e.g. where an official or de facto moratorium on the death penalty is likely to be ended, or where the death penalty is to be reintroduced through legislation. Similarly, a demarche or public statement may be made where countries take steps towards abolition of the death penalty.

Individual representations are used in specific cases where the European Union becomes aware of individual death penalty sentences which violate minimum standards. These standards provide that capital punishment cannot be imposed on those who were under the age of 18 when committing the crime, pregnant women or new mothers, and persons who are mentally disabled.

Nigeria is a country where the EU has made a number of representations.

Individual representations and cruel forms of capital punishment in Nigeria

The Commission attaches a great interest and is deeply concerned about the persistence of the death penalty in Nigeria. The EU Guidelines state that those States which carry out the death penalty must do so in a manner which inflicts the minimum possible suffering, and therefore exclude practices such as stoning. Such methods of execution, which are specifically designed to increase the suffering of victims, not only constitute a violation of the right to life, but are also the most extreme and cruel form of torture, and as such are prohibited by the International Covenant on Civil and Political Rights (ICCPR).

President Romano Prodi has written to Nigerian President Obasanjo, expressing his concern with regard to the practice of stoning. The issue was also raised with regard to individual cases, such as that of Safiya Hussein. The EU Presidency issued a declaration on 21 August 2002 noting that the sentencing to death by stoning was manifestly incompatible with the human rights conventions to which Nigeria is a signatory.

As another example of EU action in Nigeria, the Commission also closely monitored developments in the case of Amina Lawal and welcomed her release in September 2003.

Other Initiatives by the EU include the encouragement of states to ratify and comply with international human rights instruments relating to the death penalty.

  • International Fora
  • The EU is active in multilateral fora such as the United Nations Commission on Human Rights (CHR). In 1999, following an EU initiative, the CHR adopted a resolution on the question of the death penalty. The resolution calls on states to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights. This instrument is aimed at abolishing the death penalty and ensuring that, in states where the death penalty has not yet been abolished, it is only imposed for the most serious crimes and that the Government concerned establishes a moratorium on executions.

    Since 1999, at each of the CHR sessions in Geneva, the EU has tabled a resolution on the death penalty.

    The most recent resolution (CHR 2004/XX) dates from 21 April 2004 and was adopted with a larger margin than the previous one. Once more, the states that still retain the death penalty were called upon to abolish the death penalty or impose a moratorium on its use, and to comply with the minimum standards established by the United Nation's Economic, Social and Cultural Council in 1984.

    The EU also makes international declarations and statements. One recent such example is the Declaration from the Presidency on behalf of the EU welcoming the abolition of the death penalty in the Independent State of Samoa, on 9 March 2004. In addition, the EU sets out its opposition to the death penalty each year at the Human Dimension Implementation Meetings of the Organization for Security and Co-operation in Europe (OSCE).

    The European Parliament is a long-standing opponent of the death penalty, and is actively engaged in the international campaign against the death penalty. Its resolutions and annual human rights reports regularly reaffirm this position.

    The Council of Europe also pursues actively this issue, for example through its Parliamentary Assembly, which recently adopted a Recommendation concerning the abolition of the death penalty in Council of Europe Observer States.

    The first World Congress against the Death Penalty, organised by the non-governmental organisation Ensemble contre la peine de mort in June 2001 in Strasbourg, was the first of a series of events bringing together international experts, NGOs and former death penalty convicts. On that occasion, a speech was delivered on behalf of Commissioner Chris Patten. This event was also co-organised by the European Parliament and the Council of Europe. A second World Congress Against the Death Penalty will be held in Montreal, Canada, in October 2004.

    The first World Day Against the Death Penalty, organised by the World Coalition Against the Death Penalty, took place on 10 October 2003. On this occasion, the EU reaffirmed in a declaration its longstanding and firm position against the use of the death penalty in all circumstances and issued a joint press release with the coalition.

  • Country cases and demarches
  • Since 2001, in accordance with the EU Guidelines on the Death Penalty, the EU has been carrying out demarches, raising the issue of the death penalty in many countries, such as the United States of America – at both state and federal level-, the Palestinian Authority, Lebanon, Malaysia, Japan, Guinea, Sri Lanka, Botswana, China, Bangladesh, Pakistan, Iran, Saudi Arabia, Indonesia, India, Nigeria, Senegal, the Democratic Republic of Congo, Burkina Faso, Swaziland and Niger, Burma, Kuwait, Philippines, Indonesia, Sudan, Tajikistan, Nigeria, Uganda, Sudan, Qatar, Belize, Barbados and Laos.

    EU action against the death penalty in the USA

    In 2001, 2002 and 2003, representations were made in the United States, in compliance with the EU Guidelines on the Death Penalty, at both the federal and state level on behalf of a number of individuals.

    In February 2000, the EU urged the USA to withdraw its reservation on Article 6 of the International Covenant on Civil and Political Rights (ICCPR), which prohibits the death penalty for juvenile offenders. Furthermore, the EU called upon the USA to respect the strict conditions under which the death penalty may be used, which are set forth in several international instruments. This general representation was coupled with a Memorandum presenting an overview of the principles, experiences, policies and alternative solutions guiding the abolitionist movement in Western Europe. The Memorandum was delivered to the relevant federal and state authorities.

    Since 2001, the EU has raised its level of intervention in the US through the submission of "Amicus Curiae" (“Friends of the Court”) briefs to the US Supreme Court. An Amicus Curiae brief is filed by someone who is not party to the case. It provides information on legal matters and is often filed in an attempt to “lobby” the Supreme Court. In 2001 for example, the EU submitted an Amicus Curiae brief in a case involving a mentally retarded person (Ernest McCarver vs. North Carolina). In June 2002, the Supreme Court dismissed the case on the grounds that North Carolina had passed a law prohibiting the use of the death penalty against people with mental retardation. It is significant that, in its decision, the Supreme Court referred to the Amicus Curiae brief submitted by the EU.

    There have been a number of positive developments in the US, demonstrating progress towards increased respect of minimum standards. However, the U.S. continues to be amongst a handful of nations with the highest numbers of executions, and some states retain the death penalty for juvenile and mentally-ill offenders.

    For more information on specific EU action on US death row cases, please click here (link to the EC Delegation in Washington).

    Financial Support – The European Initiative for Democracy and Human Rights

    The political commitment of the EU is matched by Community funding through the European Initiative for Democracy and Human Rights (EIDHR). The Communication on the European Union’s role in promoting human rights and democratisation in third countries of 8 May 2001 identified the abolition of the death penalty as one of four thematic priorities for assistance under the EIDHR. The support has targeted, inter alia, raising awareness in retentionist countries through public education, outreach to influence public opinion, studies on how States’ death penalty systems comply with minimum standards, efforts for securing the access of death row inmates to appropriate levels of legal support and training of lawyers.

    The Anti Death Penalty Campaign in the Philippines – A project led by the Free Legal Assistance Group (FLAG)

    This successful project consisted of a campaign to abolish the death penalty through litigation, legislation, and public awareness activities. The centrepiece of the campaign was the provision of legal services in 80 capital cases and the training of lawyers handling capital cases through workshops and publications. Finally, the campaign also included lobbying of the Congress and research and information dissemination to influence public opinion.

    The project provided free professional legal services to death row convicts. It also worked towards educating decision-makers in the Philippines on the issue of capital punishment, which led to many of them becoming abolitionists. Finally, many young private sector lawyers subsequently became volunteers and are now providing legal services free of charge to indigent death row convicts, thus ensuring the sustainability of the legal assistance activities.

    Total budget: 320.205 €, including 200.205 € from the EC.

    Creation of a training programme to improve conditions of detention and support reforms of the penal system worldwide – A project led by Penal Reform International (PRI)

    The project aimed to constitute and train a team of experts, which in turn would provide assistance, counselling and training in the field of penal reform to prison and judicial authorities, NGOs and parliamentarians worldwide.

    The impact of the training of trainers programme and the support provided to the development of training capacity at the national level ensured the sustainability of the project’s results and a constant progression towards the stated aims.

    Total budget: 995.671€, including 878.359€ from the EC.
     

    In 2002, a call for proposals under the EIDHR was launched to specifically support NGO actions in view of the abolition of the death penalty. 7 projects were selected for the thematic priority “Support for the abolition of death penalty” and a total of 4.447.328€ was allocated to these activities.

    A new call for proposals will be launched in 2004, details of which can be found on the EIDHR website.

    Title of the project Amount allocated
    The Commonwealth Caribbean Death Penalty Project 1.128.341€
    Strengthening the defence of death penalty cases in the People’s Republic of China 526.572 €
    Informing and supporting strategies for replacing the death penalty 905.480 €
    Soutien aux défenseurs des droits de l’homme dans leur mobilisation en faveur de l’abolition de la peine de mort - Support to human rights defenders in favour of the abolition of the death denalty 611.200 €
    A Study of How States’ Death Penalty Systems Comport with Minimum Standards Designed to Protect Due Process and Fairness 860.159 €
    Legal Tools for Commonwealth Africa 415.576 €
    TOTAL 4.447.328 €

    More information on projects and future call for proposals can be found on the EuropeAid Co-operation Office website.

    Treaties and agreements relating to the death penalty

    International treaties and agreements

    Regional treaties and agreements

    Useful links


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