The Death Penalty in the OSCE Area–Background Paper 2018
United States President Donald J. Trump repeatedly claimed that introduction of
capital punishment for drug dealers is an effective solution for the opioid crisis.101 In
March 2018, the White House announced Trump’s initiative to Stop Opioid Abuse
and Reduce Drug Supply and Demand, whereby the Department of Justice is instructed to “seek the death penalty in drug trafficking cases, where appropriate
under current law.”102
2. Abolitionist participating States
In the OSCE region, 52 of the 57 participating States are classified as abolitionists,
meaning that the death penalty has been abolished for all crimes, in law and in
practice.
Bosnia and Herzegovina is one of the 52 abolitionist states, although the
Constitution of the Republika Srpska still provides for capital punishment. In a resolution issued at the Parliamentary Assembly on 24 January 2018, the Council of
Europe called upon Bosnia and Herzegovina to adopt amendments to the Constitution
of Republika Srpska, as it still provides for the death penalty, even though capital
punishment is not applied in practice.103
On 17 April 2017, after Turkish voters backed a constitutional referendum, Turkish
President, Recep Tayyip Erdoğan, told supporters that he would “immediately
discuss the reinstatement of capital punishment with his Prime Minister, Binali
Yildirim, and the leader of the opposition Nationalist Movement Party, Devlet
Bahceli”, according to public sources.104 It is also reported that he suggested holding
a referendum on reinstating the death penalty.105 On 15 July 2017, Erdogan made
a statement in Istanbul that he would not hesitate to introduce capital punishment should the parliament back it.106 On 17 July 2017, the European Commission
President, Jean-Claude Juncker, warned against Turkey re-imposing the death penalty, stating that “the move would slam the door to EU membership”.107 He delivered
101 “Remarks by President Trump on Combatting the Opioid Crisis”, the White House, 19 March 2018, <https://
www.whitehouse.gov/briefings-statements/remarks-president-trump-combatting-opioid-crisis/>.
102 “President Donald J. Trump’s Initiative to Stop Opioid Abuse and Reduce Drug Supply and Demand”, op. cit.,
note 11.
103 “Resolution 2201 (2018): The honouring of obligations and commitments by Bosnia and Herzegovina”, Parliamentary Assembly of the Council of Europe, 24 January 2018, <http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=24465&lang=en>.
104 “Turkey’s next referendum could reintroduce the death penalty, Erdogan says”, Newsweek, 17 April 2017,
<https://www.newsweek.com/turkey-referendum-death-penalty-erdogan-eu-membership-585065>.
105 Newsweek and Euroactive with AFP, op. cit., note 11.
106 Ibid.
107 “Juncker: Death penalty will end Turkey’s EU bid”, EUobserver, 17 July 2017, <https://euobserver.com/enlargement/138545>.
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