Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 12 THE DEATH PENALTY IN THE OSCE AREA has adopted the Second Optional Protocol to the ICCPR,24 which abolishes the death penalty during peacetime. Thirty-seven OSCE participating States have ratified the Second Optional Protocol. Resolution 2005/59 of the Commission on Human Rights called upon all states that still retain the death penalty to abolish it completely and, in the meantime, to establish a moratorium on executions.25 It also stated that abolition of the death penalty is essential for the protection of the right to life. EUROPEAN UNION (EU) Article 2 of the Charter of Fundamental Rights of the European Union,26 which is politically binding on EU member states, provides that no one shall be condemned to death or executed. 24 25 26 UN General Assembly Resolution 44/128 of 15 December 1989. Entered into force on 11 July 1991. Article 2 of the Second Optional Protocol provides that no reservation is admissible except for reservations made at the time of ratification or accession that provide for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime. Resolution of the UN Commission on Human Rights 2005/59, 20 April 2005, paragraph a. The presidents of the European Parliament, European Council, and European Commission signed and proclaimed the Charter on behalf of their institutions on 7 December 2000 in Nice, France. 12