death_penalty_new.qxd
02-08-27
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INTRODUCTION
1.
INTRODUCTION
In accordance with paragraph 17.7 of the Copenhagen Document1, in which the
OSCE participating States committed themselves to exchange information on the
question of the abolition of the death penalty, this paper compares the use of the death
penalty in the OSCE region. The paper updates Background Paper 2001/1 and covers
the period from 30 June 2001 to 30 June 2002.
Chapter 2 of the paper provides an overview of OSCE commitments relating to the
death penalty. It is apparent from this section that the OSCE commitments themselves
do not prohibit the use of the death penalty. However, the OSCE participating States
that retain the death penalty have committed themselves to only impose the death
penalty for the most serious crimes and in a manner not contrary to their international
commitments2. In addition to the OSCE commitments, the Copenhagen Document
refers to other international commitments on the use of the death penalty. Accordingly,
Chapter 3 of the paper introduces the international standards that have been elaborated
in other international forums. Chapter 4 specifically addresses the situation and main
developments in 18 participating States. Of these states, 12 retain the death penalty3,
three (Azerbaijan, Georgia and Moldova) contain internationally unrecognized separatist
regions where the death penalty is used and three have either recently become abolitionist or retain the death penalty in inactive or anomalous legal provisions. Each country is discussed individually in a separate entry. Each entry consists of four sections.
These are the relevant international instruments, legal framework, statistics and international standards.
Firstly, the section on relevant international instruments lists whether the particular
country has signed or ratified the relevant binding international legal instruments on the
use of the death penalty. When read in conjunction with Chapter 3 of the paper, this
section indicates exactly which binding international commitments each participating
State has undertaken. Secondly, the section on the legal framework outlines the legal
status and scope of the death penalty. It is in this section that any trends towards
reduction in scope or abolition are discussed. Thirdly, the section on statistics indicates
1
2
3
Document of the 1990 Copenhagen Meeting of the Conference on the Human Dimension of the
CSCE.
Concluding Document of the 1989 Vienna Follow-up Meeting, Questions Relating to Security in
Europe, paragraph 24.
Of the 55 participating States of the OSCE, 43 have abolished the death penalty.
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