The Death Penalty in the OSCE Area–Background Paper 2019
raises questions about the United Kingdom’s own commitment to the abolition of
the death penalty.277 On 18 January 2019, it was reported that the mother of one of
these men was unsuccessful in challenging the Home Office “decision to share evidence with the US without seeking assurances that her son and another suspected
jihadist terrorist would not face the death penalty.”278
Situations surrounding the repatriation of foreign terrorist fighters279 have also continued to attract widespread attention during the reporting period.280 Many foreign
terrorist fighters are facing the possibility of trial and execution in Iraq. The ongoing debates in numerous abolitionist OSCE participating states about whether and
how to repatriate foreign fighters and their families, highlight the many different
approaches being taken and a lack of agreement about how to proceed.281 In this
context, it is important to remind states about their international human rights obligations, including ensuring fair trials and the commitment to the eventual abolition
of the death penalty.282
2.3 De-facto abolitionist participating States
The Russian Federation and Tajikistan remain the only de-facto abolitionist countries in the OSCE region, while Kazakhstan is abolitionist for ordinary crimes, as
will be discussed below. Both states retain capital punishment for crimes committed in peacetime, but executions are not carried out on the basis of moratoria,
established in 1996 and 2004, respectively. Within the reporting period, neither
the Russian Federation nor Tajikistan have ratified the Second Optional Protocol to
the International Covenant on Civil and Political Rights, regarding abolition of the
277 Committee on Legal Affairs and Human Rights, “Abolition of the death penalty in Council of Europe member
and observer states, Belarus and countries whose parliaments have co-operation status – situation report”, 11 October 2018, p. 14, <http://website-pace.net/documents/19838/4228475/AS-JUR-2018-44-EN.pdf/91a2bcd1-5de04df3-9f37-9b0faff0e137>.
278 “Mother of alleged Isis killer loses legal fight against Home Office”, The Guardian, 18 January 2018,
<https://www.theguardian.com/law/2019/jan/18/mother-of-alleged-isis-hostage-killer-loses-legal-fight-home-office-death-penalty>.
279 For the controversies relating to this term, and associated human rights issues, see section 3.1: OSCE ODIHR,
“Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters” within a Human Rights Framework”, 2018, <https://www.osce.org/odihr/393503?download=true>.
280 For example, on 21 February 2019, the US President called for EU states to “take back” IS fighters: “Trump
tells European countries to take back IS fighters”, BBC news, 21 February 2019, <https://www.bbc.com/news/
world-middle-east-47269887>.
281 Recent cases from various OSCE participating States are discussed here: “The Repatriation of Foreign Fighters and Their Families: Options, Obligations, Morality and Long-Term Thinking”, Tanya Mehra LL.M, Dr. Christophe Paulussen (ICCT), 6 March 2019, <https://icct.nl/publication/the-repatriation-of-foreign-fighters-and-their-families-options-obligations-morality-and-long-term-thinking/>.
282 For more information on responding to foreign terrorist fighter related challenges and threats from a human
rights perspective, see: OSCE ODIHR, “Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist
Fighters” within a Human Rights Framework”, op. cit., note 279.
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