The Death Penalty in the OSCE Area–Background Paper 2018
citizens on death row abroad for reasons of confidentiality.140 Other participating
States did share additional information about citizens on death row abroad.
• Italy reported that two male Italian citizens face the death penalty abroad:
in Thailand and in the United States, respectively. The Italian embassies, as
well as the Ministry of Foreign Affairs, ensure that they are provided with
proper consular protection and maintain regular contact with the detainees,
their lawyers and families.
• Lithuania reported that one Lithuanian national, Jurijus Kadamovas, born in
1966, faces the death penalty in the United States.
• The Netherlands provided information that two male Dutch citizens (58 and
62 years of age) have been sentenced to death in Indonesia.
• Poland granted Abd al-Rahim Al-Nashiri victim status in 2010. Poland has
reported that it continues correspondence and co-operation with the United
States authorities concerning the al-Nashiri’s case141 in order to ensure that
he would not be subjected to the death penalty. The two states exchanged
a number of letters and held bilateral meetings concerning al-Nashiri’s situation. The 2014 ruling of the European Court for Human Rights (ECtHR)
found Poland in violation of Articles 2, 3 and Article 1 of Protocol No. 6 to the
Convention on account of the transfer of Al-Nashiri from Polish territory to
the United States, despite the existence of a real risk that he could be subjected to the death penalty. Poland reported that after the judgement, in diplomatic communication with the United States dated October 2014, 6 March
2015, 13 May 2015 and 14 October 2015, it requested assurances by the United
States Government that Mr Al-Nashiri would not be subjected to the death
penalty. In response to the diplomatic communication, the United States authorities confirmed that the Polish authorities’ request for diplomatic assurances cannot be supported. Subsequently, Poland declared its readiness to
repeat its requests to the Government of the United States.
• Romania indicated that four Romanian citizens are facing capital charges
abroad and one has already been sentenced to death. He reportedly submitted a request for pardon to the relevant federal state authorities. The
Romanian authorities are in permanent contact with the convicted individual, with his lawyer, as well as with his family in Romania.
140 According to the Netherlands’ Personal Data Protection Act [Wet bescherming persoongegevens, or WBP]
the Ministry of Foreign Affairs is bound, in this area, by the provisions of that Act, which is the Dutch transposition
of EU Privacy Directive (95/46/EC).
141 Al Nashiri v. Poland, ECtHR, Application no. 28761/11, Judgement of 24 July 2014, European Court of Human
Rights, <https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=001-146044&filename=001-146044.
pdf>; for more information see also ODIHR background paper on the death penalty 2014, page 16; ODIHR background paper on the death penalty 2015, page 13; ODIHR background paper on the death penalty 2016, page 35.
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