The Death Penalty in the OSCE Area–Background Paper 2021
During the 75th Session of the UN General Assembly and the commemoration of the
25th anniversary of the Beijing Declaration and Platform for Action262, a high-level
virtual event, organized by the UN Permanent Mission of Italy, the EU, and Amnesty
International, in co-operation with the UN Office of the High Commissioner on
Human Rights (OHCHR) and UN Women, was conducted to shed light on the gender dimension of the death penalty, which will be the topic for the 2021 World Day
Against the Death Penalty.263
The 18th World Day against the Death Penalty in 2020 was dedicated to the theme
“Access to Counsel: A Matter of Life or Death”. It highlighted how access to qualified
and effective representation in all stages of a trial is crucial to ensure due process,
and is a key factor for whether the procedure ends with a death sentence or not.264
Numerous organizations used the annual World Day against the Death Penalty, on
10 October 2020, to reiterate their commitment to the abolition of capital punishment.
For example, the Council of Europe Secretary General and EU High Representative
issued a Joint Declaration,265 reaffirming the opposition to the use of capital punishment in all circumstances and calling for the universal abolition of the death penalty
by these institutions. The statement noted the trend towards universal abolition, and
the cycle of violence perpetuated by the death penalty despite the lack of a proven
deterrent effect. The joint statement also urged Belarus to abolish the death penalty.
That day ODIHR also highlighted that some cases that end in the death penalty lack
certain basic elements for a fair trial, like the presumption of innocence or effective
defence counsel, which is particularly concerning when considering the irreversibility of any miscarriage of justice in capital cases.266
262 “Beijing Declaration and Platform for Action is a visionary agenda for the empowerment of women. It is
also one of the reference frameworks to analyse the situation of women around the world and to assess
the efforts of States in support of women’s empowerment.”
263 Keynote by Michelle Bachelet, UN High Commissioner for Human Rights, 75th session of the UN General
Assembly Virtual High-Level Side Event “Death penalty and gender dimension – Exploring disadvantage
and systemic barriers affecting death sentences,” 24 September 2020.
264 Gia Tongson, “The 18th World Day Against the Death Penalty Highlights the Life-Saving Importance of
Effective Legal Representation in Capital Cases”, World Coalition Against the Death Penalty, 18 November
2020.
265 Council of Europe, Joint declaration by Secretary General and European Union High Representative,
10 October 2020.
266 ODIHR, Arbitrary capital punishment at odds with the right to life, ODIHR reminds OSCE states, 9 October
2020.
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