The Death Penalty in the OSCE Area–Background Paper 2018
21st century”.115 He stated that the lack of transparency and secrecy surrounding
executions in some retentionist states “shows a lack of respect for the human rights
of those sentenced to death and to their families” and added that “full and accurate
data is vital to policy-makers, civil society and the general public. It is fundamental
to the debate around the death penalty and its impact.”116 Discussions focused on
three aspects of transparency. Panelists pointed out that some governments refuse
to disclose data, seek to hide who is on death row and classify information on the
death penalty as a state secret, making its release an act of treason. Participants
also highlighted the lack of transparency for the families of those on death row, who
sometimes do not know the whereabouts and the conditions of incarceration of their
loved ones.117
On 19 December 2017, the UN General Assembly, during its 72nd session in New
York, adopted resolution 72/163 on torture and other cruel, inhuman or degrading
treatment or punishment.118 The UN General Assembly condemned all forms of torture and other ill-treatment, recognizing that states must protect the rights of those
facing criminal sentences, including the death penalty and life imprisonment without the possibility of parole, and of other affected people in accordance with their
international obligations.
On the regional level:
All 47 Council of Europe member states are also OSCE participating States.119 In addition, the OSCE participating States of Canada, the Holy See and the United States
are Council of Europe observer states. Seven OSCE participating States have no
formal involvement with the Council of Europe.
Since 2001, the Ministers’ Deputies have held regular exchanges of views on the
abolition of the death penalty in all member States.
On 5 April 2017 at the 1283rd meeting of the Ministers’ Deputies, views were exchanged on the abolition of the death penalty, on the basis of the Secretary General’s
document “Policy of the Council of Europe in relation to the Death Penalty and Challenges
115 António Guterres, “Remarks at Panel on ‘Transparency and the death penalty’”, United Nations, 10 October 2017, <https://www.un.org/sg/en/content/sg/speeches/2017-10-10/sgs-transparency-and-death-penalty-remarks>.
116 Ibid.
117 For more information on the panel discussion see: “Death penalty and transparency – what’s to hide?”, United
Nations Office of the High Commissioner for Human Rights, <https://www.ohchr.org/en/newsevents/pages/deathpenaltyandtransparency.aspx>.
118 “Resolution adopted by the General Assembly on 19 December 2017: Torture and other cruel, inhuman or
degrading treatment or punishment”, United Nations General Assembly, 19 January 2018, <http://www.un.org/
en/ga/search/view_doc.asp?symbol=A/RES/72/163>.
119 “Our member States”, the Council of Europe in brief, <https://www.coe.int/en/web/about-us/our-memberstates>.
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