death_penalty_new.qxd
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THE DEATH PENALTY IN THE OSCE AREA
3.
OTHER INTERNATIONAL STANDARDS
AND INSTRUMENTS RELATING
TO THE DEATH PENALTY
As seen in the previous Chapter, the OSCE participating States have committed
themselves to impose the death penalty only for the most serious crimes and in a manner
not contrary to their international commitments8. In particular, the Copenhagen
Document explicitly refers to the following standards that have been elaborated within
the forums of the United Nations and the Council of Europe:
the restrictions and safeguards regarding the use of the death penalty which
have been adopted by the international community, in particular Article 6 of the
International Covenant on Civil and Political Rights (paragraph 17.3);
the Second Optional Protocol to the International Covenant on Civil and Political
Rights (paragraph 17.2);
the Sixth Protocol to the European Convention for the Protection of Human
Rights and Fundamental Freedoms, concerning the abolition of the death penalty (paragraph 17.4).
In addition, since the Copenhagen Document, the Council of Europe has recently
adopted Protocol No. 13 to the European Convention for the Protection of Human
Rights and Fundamental Freedoms on the issue of the death penalty9.
The limitations placed upon the use of the death penalty by these four legally
binding instruments are discussed in this Chapter. The ratification status of each of
these instruments in the 55 OSCE participating States can be found in Annex 3.
8
9
Concluding Document of the 1989 Vienna Follow-up Meeting, Questions relating to Security in
Europe, paragraph 24.
ETS No.187. Protocol No. 13 to the Convention for the Protection of Human Rights and
Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances.
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