The Death Penalty in the OSCE Area–Background Paper 2019
Pope Francis confirmed that the Church teaches that the death penalty is inadmissible and that:
“there is an increasing awareness that the dignity of the person is not lost
even after the commission of very serious crimes. In addition, a new understanding has emerged of the significance of penal sanctions imposed by the
state. Lastly, more effective systems of detention have been developed, which
ensure the due protection of citizens but, at the same time, do not definitively
deprive the guilty of the possibility of redemption.”253
At the OSCE Human Dimension Implementation Meeting 2018, the death penalty
was addressed in Working Session 5: Rule of law II.254 Several recommendations
came out of this session: participating States should consider ratifying all international conventions and protocols on torture and ill-treatment, the abolition of the
death penalty and the prevention of enforced disappearances; and they should
follow the global trend toward abolition of the death penalty and abolish the death
penalty by law. Although one group of participating States described the death penalty as cruel, inhuman and degrading in nature and called for its abolition, one participating State expressed respect for those advocating abolition, but stated that
capital punishment was not prohibited under international law.
On 11 October 2018, many states made statements at the OSCE Permanent Council
regarding the World Day against the Death Penalty. Norway made a statement on
behalf of Canada, Iceland, Liechtenstein, Mongolia and Switzerland, reminding all
states that conditions of death row inmates can, in the worst cases, constitute a
violation of the prohibition against torture and other cruel, inhuman and degrading
treatment.255 In this statement, these countries urged all other states, particularly
in the OSCE region, to support the UN resolution 73/175 on a universal moratorium on the death penalty and reiterated their opposition towards the death penalty
in all cases and without exception. The EU also made a statement on 11 October
2018, stating that the EU planned to co-host the 7th World Congress against the
Death Penalty at the end of February 2019. The EU reaffirmed its “strong and unequivocal opposition” to the death penalty and reminded states that they should
253 “New revision of number 2267 of the Catechism of the Catholic Church on the death penalty – Rescriptum “ex
Audentia S.mi”, Vatican press office, 2 August 2018, <https://press.vatican.va/content/salastampa/en/bollettino/
pubblico/2018/08/02/180802a.html>.
254 OSCE ODIHR, “2018 Human Dimension Implementation Meeting”, September 2018, <https://www.osce.
org/odihr/398840?download=true>.
255 “Statement on the occasion of the World Day against the Death Penalty”, OSCE Permanent Council, 11 October 2018, <https://www.osce.org/permanent-council/400142?download=true>.
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