The Death Penalty in the OSCE Area–Background Paper 2017
Norway, specifically, with free legal aid. Furthermore, Norway communicated
that, during the reporting period, two Norwegian citizens were facing the death
penalty abroad. While one of the two cases is currently under appeal, the other one
has been resolved. The dual British and Norwegian national Joshua French, after
spending eight years on death row in the Democratic Republic of the Congo (DRC),
was released from prison on humanitarian grounds in May 2017.129
Romania indicated that there are three cases of Romanian citizens facing the
death penalty abroad, one of whom has already been sentenced to death and submitted a request for pardon to the state authorities in an undisclosed country.
Spain also has two citizens on death row abroad, Pablo Ibar in the United States
of America, whose death sentence was overturned in February 2016 by the Florida
Supreme Court, which ordered a retrial, and Artur Segarra, who was sentenced to
death for murder in April 2016 by a court in Bangkok, Thailand.
Measures taken by participating States to protect pregnant women, children and
people with mental disabilities facing the death penalty abroad
The majority of participating States stressed their efforts in order to protect vulnerable groups facing the death penalty abroad, such as pregnant women, new mothers, people below 18 years of age and people with mental disabilities. In particular,
EU member States reported that, according to the “EU Guidelines on the Death
Penalty”, in those countries that still practice executions, capital punishment may
not be imposed upon the aforementioned categories of people.130 A number of states
stressed that whenever such a case occurs, they would regularly formally protest
the sentencing state. Other states also mentioned obligations stemming from international conventions and resolutions, such as the International Covenant on
Civil and Political Rights,131 the Convention on the Rights of the Child,132 and the
Economic and Social Council resolution 1984/50 of 25 May 1984.133 Moreover, with
reference to aliens on their territory who might be subjected to corporal punishment, torture or other inhuman or degrading treatment or punishment if expelled,
several countries mentioned that such expulsion must never be enforced.134
129 “Norwegian-British prisoner released from death row in DRC amid growing health concerns”, The Death
Penalty Project, 18 May 2017, <http://www.deathpenaltyproject.org/news/2733/norwegian-british-prisoner-released-from-death-row-in-drc-amid-growing-health-concerns/>.
130
EU Guidelines, op. cit., note 125, p. 11.
131
Article 6 ICCPR.
132 Article 37 CRC.
133 Economic and Social Council Resolution 1984/50, 25 May 1984, <https://www.unodc.org/documents/commissions/CCPCJ/Crime_Resolutions/1980-1989/1984/ECOSOC_Resolution_1984-50.pdf>.
134 Swedish Aliens Act (2005:716).
38
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