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. 50

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