The Death Penalty in the OSCE Area
ment is inhuman and unnecessary.124 On 8 October 2015, the European Parliament
adopted a resolution on the death penalty125 reiterating its condemnation of the use
of the death penalty and its strong support for the introduction of a moratorium as a
step towards abolition. Condemning all executions as a violation to human dignity, the
European Parliament expressed particular concern about the imposition of the death
penalty on minors and persons with mental and intellectual disability. The resolution
on the death penalty makes specific reference to CAT.
On 9 July 2015, the Parliamentary Assembly of the OSCE approved by majority vote
their 2015 Helsinki Declaration, at its 24th annual session in Helsinki. OSCE participating States affirmed the right of and responsibility for OSCE/ODIHR and themselves
to speak out when abuses take place in other States, including the imposition of the
death penalty. Calling for an immediate moratorium on executions, representatives
of the OSCE Parliamentary Assembly consider the death penalty to be an inhuman
and degrading punishment, an act of torture unacceptable to states respecting human
rights 126
In taking note of the ongoing discussions, in recent statements ODIHR has welcomed the increased number of abolitionist OSCE participating States, acknowledging
that most of the OSCE region recognizes the inherently cruel, inhuman and degrading
nature of capital punishment.127
OSCE participating States
The increased focus on examining whether the death penalty in itself violates the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, is
also reflected in statements by individual participating States’ before various international forums. Representatives of various OSCE countries have indicated that the death
penalty is a violation of the prohibition of torture or other cruel, inhuman or degrading
treatment or punishment,128 and is incompatible with respect for human dignity.129
For instance, before the OSCE Permanent Council, European Union Member States,130
124 EU Guidelines on Death Penalty, 8416/13, 12 April 2013, <https://eeas.europa.eu/human_rights/guidelines/
death_penalty/docs/guidelines_death_penalty_st08416_en.pdf>.
125 European Parliament Resolution 2015/2879 (RSP), Op. Cit., note 9.
126 OSCE PA Helsinki Declaration and Resolutions adopted by the OSCE Parliamentary Assembly at the Twenty-fourth Annual Session, (AS [15] DE) Helsinki 5-9 July 2015, para. 98 and 138, <http://www.oscepa.org/documents/all-documents/annual-sessions/2015-helsinki/declaration-3/2977-2015-helsinki-declaration-eng/file>.
127 ODIHR statement of 18 February 2016, <http://www.osce.org/odihr/223246>; ODIHR statement of 11 December 2015, <http://www.osce.org/odihr/209026>.
128 See Secretary General, op. cit., note 22, para. 28: Bulgaria, Denmark, Finland, Mongolia, Slovenia, Spain,
European Union.
129 Ibid. para. 7.
130 See PC DEL/201/16, 18 February 2016, <http://www.osce.org/pc/224671?download=true>; PC DEL/52/16,
21 January 2016, <http://www.osce.org/pc/219831?download=true>; PC DEL/1689/15/REV.1, 14 December 2015,
<http://www.osce.org/pc/212926?download=true>; PC DEL/1653/15, 27 November 2015, <http://www.osce.
org/pc/205761?download=true>; PC DEL/1342/15, 16 October 2015, <http://www.osce.org/pc/197626?download=true>; PC DEL/1299/15, 9 October 2015, <http://www.osce.org/pc/197901?download=true>.
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