The Death Penalty in the OSCE Area–Background Paper 2018
human dignity, the right to life and the prohibition of torture or other cruel, inhuman or degrading treatment or punishment. The application of the death penalty
often also violates the right to equality and the principle of non-discrimination.
The decision about whether to sentence a convict to death or to lesser punishment
is often arbitrary and does not necessarily follow predictable, rational criteria. In
that judicial lottery, the odds are often stacked against the poor, minorities and
other common targets of discrimination, including women, foreign nationals and
lesbian, gay, bisexual, transgender and intersex persons.
56. All measures aimed at ending the application of the death penalty are steps towards the enjoyment of the right to life. In its article 6, the International Covenant
on Civil and Political Rights, adopted in 1966, referred to the abolition of the death
penalty in terms that strongly suggest that it is desirable. In 1989, by adopting
the Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty, States enshrined their stronger abolitionist stance in international law. The Secretary-General reiterates his call
for universal ratification of the Second Optional Protocol, and urges those States
that have not yet ratified it to do so without delay.
57. The 70 years since the United Nations came into being have seen a remarkable
shift from a large majority of Member States that maintained the death penalty
to, nowadays, a minority. Since 1997, the General Assembly has adopted five resolutions that called on States to establish a moratorium on executions with a view
to abolishing the death penalty. Currently, approximately 160 of the 193 Member
States of the United Nations have abolished the death penalty or introduced moratoriums, either in law or in practice. States should go beyond simply ceasing executions and aim for a suspension of capital punishment for all who might be, or
have been, sentenced to death. National prosecutors may consider refraining from
seeking the death penalty. Judges may consider not imposing it. In this regard, the
highest judicial bodies could issue judicial directives or sentencing guidelines, as
appropriate.
58. The continued lack of transparency on the part of some Governments concerning the numbers of persons who have been executed is incompatible with human
rights. States should refrain from carrying out executions in secret and strive to
take all measures necessary to guarantee access to information on the death penalty, including advance notice to family members regarding the date of execution.
59. States that continue to apply the death penalty should comply with international human rights requirements, as stipulated in article 6 of the International
Covenant on Civil and Political Rights. In particular, capital punishment may be
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