The Death Penalty in the OSCE Area–Background Paper 2019
world demonstrate “that death rows were disproportionately populated by the poor
and economically vulnerable; members of ethnic minorities; people with psychosocial or intellectual disabilities; foreign nationals; indigenous persons; and other
marginalized members of society.”243 During this panel discussion, Belgium made
a statement on behalf of many states, including OSCE abolitionist states France,
Moldova, Mongolia, and Switzerland, stating that: “the death penalty was a violation of a basic human right, that to life, and that it was not a question of culture,
as human rights were universal, but one of political will” and that maintaining the
death penalty did not deter people from committing crimes.244
From 26 February to 1 March, the 7th World Congress Against the Death Penalty
took place in Brussels, organized by Ensemble Contre la Peine de Mort under the
sponsorship of Belgium, the European Union, the European Parliament, Switzerland
and Norway, in partnership with the World Coalition Against the Death Penalty.245
This represents the largest global meeting on capital punishment with an estimated
1,500 participants including government officials, civil society activists, researchers and lawyers. The Final Declaration provided a comprehensive summary of the
current concerns surrounding the death penalty and included detailed recommendations aimed at many different actors, who together can advance the abolition of
the death penalty. On top of this, a group of Human Rights Council independent
experts released a joint statement agreeing with the sentiment expressed in the
introductory essay that:
“although the death penalty is not explicitly prohibited under international
law, it is almost impossible to practice it without violating some of the most
fundamental human rights, such as, most notably, the freedom from torture
and other cruel, inhumane, and degrading treatments or punishments.” 246
The experts raised concerns about the discriminatory application of the death penalty and its application for offences that are not the most serious crimes and reiterated that the death penalty is not a reliable deterrent and is, in fact, “about vengeance
which perpetuates the cycle of violence and suffering, whereas, on the contrary,
justice aims to repair the situation.”247 They stated that the death penalty is not
just about national criminal justice but a matter of fundamental human rights and
dignity.
243 Ibid.
244 Ibid.
245 “Final Declaration 7th World Congress Against the Death Penalty”, 1 March 2019, <http://www.worldcoalition.org/media/resourcecenter/7congress-FinalDeclaration-EN.pdf>.
246 “Joint Statement of Independent Experts: 7th World Congress Against the Death Penalty”, <http://congres.
ecpm.org/wp-content/uploads/2019/03/7thWC-joint-statement-UN-Special-Procedures-Mandate-Holders.pdf>.
247 Ibid.
47
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