The Death Penalty in the OSCE Area
Resolution 2005/59 of the Commission on Human Rights called upon all states
that still retain the death penalty to abolish it completely and, in the meantime, to
establish a moratorium on executions.24
Council of Europe
Since the adoption of the ECHR, steps have been taken to develop legally binding
instruments that abolish the death penalty.
The Council of Europe has adopted Protocol No. 6 to the ECHR,25 which
abolishes the death penalty during peacetime. All new member states of the Council of
Europe are required to ratify Protocol No. 6 within a certain time limit.26 In addition,
the Council of Europe has also adopted Protocol No. 13 to the ECHR,27 which is the
first legally binding instrument that abolishes the death penalty in all circumstances,
including in time of war.
•
Forty-six OSCE participating States have ratified Protocol No. 6.28
•
Forty OSCE participating States have ratified Protocol No. 13. In the period
from 30 June 2006 to 30 June 2007, three participating States ratified Protocol
No. 13: Albania, Luxembourg, and Moldova.
Organization of American States
Article 1 of the Protocol to the American Convention on Human Rights to Abolish
the Death Penalty29 provides for the total abolition of the death penalty.30
24
Resolution 2005/59, op. cit., note 11, para. 5 (a).
25 ETS No. 114. Entered into force on 1 March 1985. Article 2 of Protocol No. 6 provides that a state
may make provision in its law for the death penalty in respect of acts committed in times of war or of
imminent threat of war.
26 Resolution 1044 (1994) of the Parliamentary Assembly of the Council of Europe on the Abolition
of Capital Punishment, 4 October 1994.
27
ETS No. 187. Entered into force on 1 July 2003.
28
Of the 56 OSCE participating States, 47 are member states of the Council of Europe.
29 Adopted on 8 June 1990. Article 2 of the Protocol provides that states are allowed to retain the
death penalty in wartime if they make a declaration to that effect at the time of ratifying or acceding to
the Protocol.
30
As of August 2007, neither Canada nor the United States had ratified the Protocol.
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