Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 7 INTERNATIONAL STANDARDS ON THE DEATH PENALTY 2. INTERNATIONAL STANDARDS ON THE DEATH PENALTY This chapter provides an overview of the international standards on the death penalty that have been developed by the OSCE, the Council of Europe, the United Nations, and the European Union. For the purposes of this overview, the international standards have been divided into two categories: • • International standards restricting the use of the death penalty; and International standards abolishing the death penalty. 2.1 INTERNATIONAL STANDARDS RESTRICTING THE USE OF THE DEATH PENALTY OSCE OSCE commitments, which are of a politically binding nature, do not require the abolition of the death penalty. However, OSCE participating States have committed themselves to carry out the death penalty only for the most serious crimes and in a manner not contrary to their international commitments.2 COUNCIL OF EUROPE The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which is of a legally binding nature, does not require the abolition of the death penalty.3 Article 2 of the ECHR, which enshrines the right to life, provides that: “No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.” 2 3 Concluding Document of the 1989 Vienna Follow-up Meeting, “Questions relating to Security in Europe”, Paragraph 24. OSCE commitments also place a number of positive obligations on participating States that choose to retain the death penalty. A full-text reproduction of the OSCE commitments on the death penalty can be found in Annex 1. ETS No. 005. Entered into force on 3 September 1953. 7