The Death Penalty in the OSCE Area–Background Paper 2019
2.2.1 New developments at the international and regional levels on the
abolition of the death penalty
All abolitionist OSCE participating States have been active on issues related to the
death penalty in various forms and fora. This includes the United Nations system
(all OSCE participating States are members of the UN) and regional bodies such as
the Council of Europe (all 47 Council of Europe member states are also OSCE participating States225) and the EU (all 28 European Union members are also OSCE participating states). Many events and reports highlighted the discriminatory or unequal application of the death penalty and the clear trend towards fighting for the
universal abolition of capital punishment, which is a cruel, inhuman and degrading
punishment.
On 27 July 2018, UN member states were presented with the Secretary-General’s
report providing information on the implementation of General Assembly resolution
71/187 regarding a moratorium on the use of the death penalty. The report includes
a dedicated section on people with mental or intellectual disabilities and more
in-depth sections examining the discriminatory application of the death penalty
against women and minorities and its disproportionate impact on poor or economically vulnerable individuals.226
On 14 September 2018, the Secretary-General of the United Nations presented his
report to update previous reports on the question of the death penalty pursuant to
Human Rights Council decision 18/117.227 The UN Secretary-General included a section on the worrying discussions about reintroduction of the death penalty and the
extension of its scope, which are also taking place in some countries in the OSCE
region.228 The report emphasizes the importance of transparency in those states
where the death penalty is still imposed and that secrecy endangers the protection
of the right to life.229 Specific sections address the issue of children and people with
mental or intellectual disabilities, reminding states that, in accordance with international human rights law, the death penalty should not be imposed on such individuals. Further discussion focuses on children of parents sentenced to death, referencing ODIHR’s 2017 background paper230 and the need for adequate information
225 “Our member States”, Council Europe, <https://www.coe.int/en/web/about-us/our-member-states>. In addition, the OSCE participating States of Canada, the Holy See and the United States are Council of Europe observer
states. It is therefore assumed that statements of the CoE, including its Parliamentary Assembly, reflect the views
of a vast majority of OSCE participating States. Seven OSCE participating States have no formal involvement with
the Council of Europe.
226 Report of the Secretary-General, Moratorium on the use of the death penalty, op. cit., note 62.
227 Report of the Secretary-General, Question of the death penalty, op. cit., note 198.
228 Ibid., para. 12. See section 2.3.
229 Ibid., para. 16.
230 “The Death Penalty in the OSCE Area: Background Paper 2017”, op. cit., note 3.
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