EU General Comment - HRC60 - Resolution on the question of the death penalty
UN Human Rights Council
60th Session
Resolution L.12 General Comment
Resolution on the question of the death penalty
EU General Comment
Mr President,
I have the honour to speak on behalf of the EU Member States that are members of the Human Rights Council. This general comment has been agreed by the EU as a whole.
The fight for the universal abolition of the death penalty is an integral part of the EU’s human rights policy. The EU recalls its unwavering opposition to the death penalty at all times and under all circumstances. Capital punishment violates the inalienable right to life of every person and makes any miscarriage of justice irreversible.
The focus of this year’s resolution on the Equality of Arms, i.e. the right of every person to be defended in courts on an equal footing with the opposing party, is as elementary as it is crucial. In addition, it maintains strong language on important issues, including on the trend towards abolition, the barring of reinstatement of the death penalty and the restrictive definition of « most serious crimes ».
In line with its principled position, the European Union would have welcomed a stronger text. We are, however, convinced by the importance of the efforts carried out by the cross-regional core group to try to advance human rights on the question of the death penalty, through a staggered and thematic approach. We therefore understand that the core group made every effort to accommodate divergent views.
In this context, we all the more deeply regret the hostile amendments that have been tabled. In a text focused on human rights, states yet again try to put their so-called “sovereign right” on the foreground. While we all agree on the fact that States have the right to develop their legal systems, we also believe this cannot be used to justify human rights violations. National legislation cannot override international human rights obligations. Yet again, they try to question the limitation of the scope of the “most serious crimes”, a well-established concept under international law that covers only crimes of extreme gravity that involve intentional killing, as well as the attempt to justify the use of the mandatory death penalty, an arbitrary practice incompatible with the right to a fair trial.
Fully committed to meeting human rights obligations and gravely concerned by the human rights implications of the use of the death penalty and inspired by the worldwide trend towards the universal abolition of the death penalty, which is being joined by an ever increasing number of countries; the EU member States that are members of the Council will vote yes on the resolution and vote no on all amendments. We call on others to do the same.
I thank you Mr. President.