The Death Penalty in the OSCE Area
guards of due process. But its power stops at the life of the person it is condemning
because no power can legitimately deprive a man or woman of what makes them human: their very life. And this first requirement holds true for all humanity.
It appears therefore that the grounds for abolition are also linked to those for democracy. The death penalty has almost entirely disappeared in all democracies, admittedly with the notable exception of the United States. In Europe in particular,
the death penalty has been banished, except in Belarus. What a moral victory that
is, given the old continent’s tragic past, which was marked by so much bloodshed,
genocide, and crimes against humanity. Today, peace reigns across the European continent, guaranteed by international organizations, the European Union, the Council
of Europe, and also the OSCE. In this vast geopolitical zone, which brings together
700 million people, abolition of the death penalty is an internationally recognized
principle, a democratic value that is guaranteed in the international order and to
which numerous international conventions forbidding recourse to the death penalty
bear testimony.
The 1966 International Covenant on Civil and Political Rights did not prohibit the
death penalty as such, but it did provide that it could only be applied for the most
serious crimes, and it prohibited its use for juveniles under 18 and the execution of
pregnant women. Again at the global level, the 1989 Second Optional Protocol to the
International Covenant on Civil and Political Rights Aiming at the Abolition of the
Death Penalty abolished capital punishment while retaining the possibility to resort
to it in times of war. The 1989 International Convention on the Rights of the Child
also prohibited the death penalty for juveniles under 18.
At the regional level, the 1983 Protocol No. 6 to the European Convention for
the Protection of Human Rights and Fundamental Freedoms (ECHR) and the 1990
Protocol to the American Convention on Human Rights to Abolish the Death Penalty both abolished this sanction but retained the exception in times of war. Only
Protocol No. 13 to the ECHR prohibits the death penalty at all times and in all
circumstances.
This general shift, this march towards abolition, is taking place because the death
penalty is linked to an archaic justice system that kills and that has been revealed to be
futile, unjust, and degrading on all occasions and in all places.
The death penalty is futile. This has been demonstrated in all the studies conducted,
notably at the Council of Europe, on the evolution of violent crime following abolition. In no state has abolition led to an increase of violent crime. The same result was
found in states that moved to establish a moratorium on the pronouncement of the
death penalty for a probationary period. This included in particular the United King-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents