The Death Penalty in the OSCE Area
Finally, given the times in which we are living, can the death penalty at least be of
use in terms of the war on terrorism? In its organized form, terrorism is one of the
main threats to world peace today. In a large number of states, emergency laws have
been adopted, sometimes to the detriment of fundamental freedoms. This has a harmful effect on the rule of law, which is a necessary guarantee in a democracy.
Experience shows that, far from preventing or reducing terrorism, the death penalty
simply makes it worse. How can it be believed that the threat of death would make
a terrorist recoil when he is ready to perish with his victims in a hijacked plane he is
going to fly into buildings or to set off bombs that will tear him to pieces alongside
his victims? And why can it not be grasped that for a terrorist the court will always be
a stage? By executing him, the justice system turns the terrorist into a hero who sacrificed his life for the cause he supported, if through extreme means. How many young
people, inspired by his example, would lend their support to the very organizations
the terrorist supported the day after his execution?
Finally, morally speaking, democracies make terrorists the object of the deadly violence they love by resorting to the death penalty. Democracies can fight terrorists in
ways other than resorting to death, which is futile and degrading. It is worth noting
in this respect that great democratic states such as the United Kingdom when faced
with the IRA and Spain against ETA never wanted to reinstall the death penalty to
fight terrorism.
In reality, no one is denying the threat posed by terrorism, but not only does the
war against terrorism not require the death penalty, it must actually ensure that it
does not resort to it. In the face of terrorism, abolition gives democracy an ethical
dimension, essential in such a war. The terrorist kills innocent victims in the name of
his ideology; democracy defends freedom and recognizes all lives as sacred, even that
of the terrorist. This conflict is one of values in which, eventually, democracy always
triumphs and even more so when it upholds, loud and clear, the principles on which
it is founded. Faced with crime and cruelty, a democracy’s justice system rejects vengeance and death. It punishes but it does not kill; it prevents the terrorist from harming
others but respects his life; by refusing to give him death, democracy guarantees the
humanity the terrorist denies through his crimes. Democracy comes out as the moral
victor of the test inflicted on it by terrorism. That will not be the least of its victories
in the eyes of generations to come.
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