The Death Penalty in the OSCE Area–Background Paper 2021 2. Abolitionist participating States 2.1. New developments at the international and regional levels on the abolition of the death penalty During the reporting period, abolitionist OSCE participating States remained active on issues related to the death penalty. This included statements and events at United Nations forums (all OSCE participating States are members of the UN) and regional bodies such as the Council of Europe (all 47 Council of Europe member states are also OSCE participating States)257 and the EU (all 27 EU members are also OSCE participating states).258 Many events and reports highlighted the discriminatory nature or unequal application of the death penalty and the clear trend towards universal abolition of capital punishment, which constitutes a cruel, inhuman and degrading punishment. In August 2020, the UN Secretary General issued his annual report on the moratorium on the use of death penalty as well as the yearly supplement to his quinquennial report on capital punishment.259 The report noted the discriminatory impact of the death penalty and welcomed progress towards the universal abolition of the death penalty as progress towards the protection of the right to life. Pending abolition, the Secretary General recommended the universal ratification of the Second Optional Protocol to the ICCPR, the use of moratoria, and the guarantee of fair trial rights, as well as the imposition of death penalty only for the “most serious crimes”.260 He also highlighted that the death penalty cannot be reconciled with the full respect for the right to life, and therefore welcomed initiatives limiting its use and implementing the safeguards guaranteeing protection of the rights of those facing the death penalty. The Secretary General stressed that imposing a death sentence at the end of a trial in which due process and fair trial safeguards have not been respected constitutes a violation of the right to life. Moreover, he recalled that international law prohibits the imposition of the death penalty on juvenile offenders, and that people with psychosocial disabilities and persons with intellectual disabilities should not be sentenced to death.261 257 OSCE, “The Council of Europe”. 258 OSCE, “The European Union”. 259 United Nations Digital Library, Report of the Secretary-General, “Question of the death penalty”, UN Doc. A/HRC/45/20, 13 August 2020. United Nations Digital Library, Report of the Secretary-General, “Moratorium on the use of the death penalty”, UN Doc. A/75/309, 13 August 2020. 260 United Nations Digital Library, Report of the Secretary-General, “Moratorium on the use of the death penalty”, UN Doc. A/75/309, 13 August 2020. 261 United Nations Digital Library, Report of the Secretary-General, “Question of the death penalty”, UN Doc. A/HRC/45/20, 13 August 2020, para. 51. 59