The Death Penalty in the OSCE Area–Background Paper 2019
not reintroduce it after abolition or suspension, regardless of attempts at the legal
justification of it due to terrorism concerns.256
On 17 December 2018, all abolitionist OSCE participating states voted in favour of
the UN General Assembly resolution on the moratorium on the use of the death penalty. It was adopted with a record high number of votes in favour (121).257 This resolution calls upon all states to establish a moratorium on executions with a view to
abolishing the death penalty. It incorporates many of the sentiments included in the
report of the UN Secretary-General, noting with deep concern the disproportionate number of vulnerable groups represented among those sentenced to death.258
States are asked to share their experiences in terms of death penalty abolition, both
those who have already abolished it and those that have a moratorium. States are
reminded that they may not reintroduce the death penalty.259 Finally, it includes a
statement that the UN General Assembly “…welcomes initiatives and political leadership encouraging national discussions and debates on the possibility of moving
away from capital punishment through domestic decision-making.”260
At the high-level panel regarding the death penalty in February 2019, OSCE participating States made various statements. Iceland spoke on behalf of Nordic and Baltic
countries and noted their alarm that the death penalty is applied in a discriminatory manner, “against persons belonging to racial and ethnic minorities, or based on
their gender or sexual orientation.”261 Montenegro agreed that the death penalty
is imposed in a discriminatory manner, highlighting that this also affects juvenile
offenders, women victims of domestic violence as well as foreign nationals and persons with disabilities. Luxembourg noted its celebration of the fortieth anniversary
of the abolition of the death penalty for all crimes, while raising concerns that despite the global trend towards abolition, there is a “risk of backlash in all parts of
the world.”262
256
“EU statement on European and World Day against the Death Penalty”, op. cit., note 214.
257 “Death penalty: Global abolition closer than ever as record number of countries vote to end executions”,
Amnesty International news, 17 December 2018, <https://www.amnesty.org/en/latest/news/2018/12/global-abolition-closer-than-ever-as-record-number-of-countries-vote-to-end-executions/>.
258
UN General Assembly, 73/175. Moratorium on the use of the death penalty, op. cit., note 55.
259 Ibid., para. 8.
260 Ibid., para. 5.
261 “Human Rights Council holds high-level panel on the death penalty, in particular with respect to the rights to
non-discrimination and equality”, op. cit., note 69.
262 Ibid.
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