The Death Penalty in the OSCE Area
event, the UN Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, Juan Mendez, highlighted that regional and international
jurisprudence and state practice increasingly consider the death penalty to amount
to inhuman and degrading treatment or torture, specifically referring to the death
row phenomenon and methods of execution.14 He further stressed that international
law already expressly considers the death penalty to be a violation per se of the
prohibition of torture or ill-treatment when carried out against juveniles, persons
with mental disabilities, pregnant women, elderly persons and persons sentenced
after an unfair trial. The Special Rapporteur stated that the evolving understanding
of the prohibition of torture may render the death penalty illegal under international
law and noted, in this context, that international conventions were living instruments
that needed to be read in light of present-day conditions.
The OSCE Parliamentary Assembly (PA), through its resolutions adopted at the
22nd annual OSCE PA session held in Istanbul from 29 June to 3 July 2013, and at
its 23rd annual session in Baku from 28 June to 2 July 2014, has called on the two
OSCE participating States that still retain the death penalty in practice, Belarus and
the United States of America, to adopt a moratorium on all executions, followed by
the complete abolition of the death penalty. The OSCE PA also expressed its concern
about informal extraditions of foreign citizens to countries where they are at risk of
the death penalty.15
The question of capital punishment also featured in other international fora
involving OSCE participating States. On 11 September 2013 in Geneva, the UN
Human Rights Council held a panel discussion on the human rights of children
of parents sentenced to the death penalty or executed.16 The Special Representative
of the Secretary General on Violence against Children, Marta Santos Pais, noted
in her statement that children affected by the death sentence or execution of their
parents have not been included in statistics, policies and programmes. At the same
time, such children are often traumatized and stigmatized and face a “heightened
risk of homelessness and exposure to violence and to being manipulated into a
14 “Human Dimension: Side event on combating torture and abolishing the death penalty”, 11 April 2014, the
Permanent Delegation of Norway to the OSCE; the video statement of the UN Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment, Juan Mendez is available at: <http://www.norway-osce.org/
Latest-news/Human-dimension-side-event-torture-death-penalty/#.U_CiyfmSzHU>.
15 Istanbul Declaration and Resolutions adopted by the OSCE Parliamentary Assembly at the twenty-second annual
session, AS (13) DE, Istanbul, 29 June – 3 July 2013, <http://www.oscepa.org/publications/declarations/2013istanbul-declaration/1826-istanbul-declaration-eng/file>; and Baku Declaration and Resolutions adopted by the OSCE
Parliamentary Assembly at the twenty-third annual session, AS (14) DE, Baku, 28 June – 2 July 2014, <http://www.
oscepa.org/publications/all-documents/annual-sessions/2014-baku/declaration-2/2540-2014-baku-declaration-eng/
file>.
16 “Summary of the panel discussion on the human rights of children of parents sentenced to the death penalty or
executed”, Report of the United Nations High Commissioner for Human Rights, A/HRC/25/33, 18 December 2013.
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