The Death Penalty in the OSCE Area 1. Abolitionist States LATVIA On 1 December 2011, the Latvian parliament adopted amendments to several laws, resulting in the abolition of the death penalty in all circumstances. Article 37 of the Criminal Code, which had previously provided for the death penalty in cases of aggravated murder during wartime, was removed. The amendments entered into force on 1 January 2012. Thereafter, on 26 January, Latvia ratified Protocol 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, entering into force on 1 May.7 POLAND A case against Poland is pending before the European Court of Human Rights, concerning Abd al-Rahim al-Nashiri, a Saudi-national who was allegedly imprisoned and tortured in a secret CIA detention facility on Polish territory before being transferred to the United States detention camp at Guantanamo Bay. Al-Nashiri, who is currently being detained at Guantanamo Bay, faces capital charges before a military commission relating to his alleged involvement in the bombing of the warship USS Cole in Aden Harbor in 2000, among other acts. Defense counsel claim a number of violations were committed by Poland. These include violations of Articles Two and Three of the European Convention Human Rights, and Protocol Six to the Convention, by assisting in his transfer from Poland despite a real risk that he would be subjected to the death penalty. In July 2012, the Court communicated the case to the Polish government, which has until 5 September to respond. 8 7  Response to the ODIHR questionnaire on the death penalty from the Permanent Delegation of the Republic of Latvia to the OSCE, received on 13 July 2012. 8  “Litigation Al-Nashiri v. Poland”, Open Society Foundations, 17 July 2012, <http://www.soros.org/litigation/alnashiri-v-poland>. 3