The Death Penalty in the OSCE Area the 45 participating States3 that have provided information on the status of the death penalty in their respective countries. The background paper provides information on changes and developments with regard to the death penalty in the OSCE area and new developments on the international level. In this year’s edition, there is a specific focus on the relationship between capital punishment and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. ODIHR has noted the evolving international debate on the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and cruel, inhuman or degrading treatment or punishment, that was brought into focus by the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez in 2012. ODIHR will report on other thematic aspects of the death penalty in the background paper for 2017 and 2018. Throughout the background paper, an abolitionist state is defined as a participating State in which there is no death penalty, in law, for all crimes. A de-facto abolitionist state is one in which the death penalty is allowed, although in practice the punishment is not imposed. A retentionist state is one that continues to implement this penalty.4 Part I of the present background paper contains an introductory essay written by the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez.5 Part II of the background paper covers the current status of the death penalty in the OSCE region, with a thematic focus on the discussion around capital punishment and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, followed by other aspects of the death penalty in the OSCE region. 3  The participating States of the Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, the Czech Republic, Denmark, Estonia, Finland, the former Yugoslav Republic of Macedonia, France, Greece, Georgia, Germany, the Holy See, Hungary, Iceland, Ireland, Italy, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Malta, Montenegro, the Netherlands, Norway, Poland, Romania, Russian Federation, San Marino, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey and Ukraine. Republic of Uzbekistan have replied to ODIHR’s Questionnaire on the Death Penalty 2016. 4  See “The Death Penalty in the OSCE Area: Background Paper 2015” (OSCE’s Office for Democratic Institutions and Human Rights (2015)) at http://www.osce.org/odihr/184581?download=true 5  The opinion expressed by the Special Rapporteur are those of the author and do not necessarily reflect the opinion of the OSCE or ODIHR. 6