Ministers’ Deputies

CM Documents

CM(2007)137       24 August 2007[1]

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1003 Meeting, 5 September 2007
4 Human Rights

4.1 European Day against the Death Penalty
Memorandum by the Directorate General of Human Rights and Legal Affairs

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A.         Background

1.         It is proposed to organise a European Day against the Death Penalty on 10 October of each year.

2.         Europe has been a de facto death-penalty-free zone since 1997. This situation is largely the result of the Council of Europe’s role as a pioneer in the abolition process. Death as a punishment is now regarded as a violation of fundamental rights, namely the right to life and the right not to be subjected to cruel, inhuman or degrading treatment. De jure abolition of the death penalty in all member States, and in all circumstances, remains a central political objective of the Council of Europe and the European Union. There are two Council of Europe legal instruments outlawing the death penalty: Protocol No. 6 to the European Convention on Human Rights (ECHR), the first legally binding instrument providing for the unconditional abolition of the death penalty in peace time, and Protocol No. 13 to the ECHR concerning the abolition of the death penalty in all circumstances.

3.         The establishment of this day would be a joint initiative of the European Union and the Council of Europe. The European Commission has prepared a draft joint European Union/Council of Europe declaration regarding the establishment of a European Day against the Death Penalty. The European Commission transmitted the text of this draft Declaration by letter of 27 July 2007 (appendix 1). The declaration would be signed by representatives of the European Union and the Council of Europe on the occasion of an international conference to be held in Lisbon on 9 October 2007 (see the programme of the conference in appendix 2).

4.         The Ministers’ Deputies have already been informed about this initiative at the meeting of the Rapporteur Group on External Relations on 19 June 2007 (see the information note GR-EXT(2007) 6).

B.         Objectives

5.         This Day would be a European contribution to the annual World Day against the Death Penalty, which is held each year on 10 October. It would pursue the following objectives: 

-         to achieve complete abolition of the death penalty in Europe, through signature and ratification of Protocol No. 13 by all member states of the Council of Europe;

-         to promote efforts by the international community to achieve universal abolition, a first step of which would be the establishment of a world-wide moratorium on the death penalty;

-         to strengthen awareness-raising in support of abolition, particularly in the face of attempts for the re-establishment of the death penalty in Europe. This involves demonstrating that there is no contradiction between the effective fight against crime and consolidating humane criminal justice systems based on respect for human rights.

6.         The European Day against the Death Penalty would be celebrated through events to be organised in the member States, which would be participating on a voluntary basis.

C.         Financial Implications

7.         The Council of Europe’s financial contribution to the international conference to be held in Lisbon on 9 October is covered by existing budgetary resources. Expenditures for future years would depend on the arrangements to be agreed upon with the European Commission. It would not necessarily involve the organisation of a central event each year. Following the example of the European Day of Civil Justice, the Day could be organised in a flexible and decentralised manner within the member states, with strong involvement of civil society.  As regards the European Day of Civil Justice, the Council of Europe and the European Commission only have the task of promoting initiatives and ensuring that activities organised respect the values which this Day aims to promote.

D.         Items for decision

8.         In conclusion, it is proposed that the Committee of Ministers adopt the following decisions:

“The Deputies

1.         approved the establishment of the “European Day against the Death Penalty” to be held on 10 October of each year;

2.         approved the joint European Union/Council of Europe declaration establishing a European Day against the Death Penalty and authorised the Secretary General of the Council of Europe to sign it, together with the Chairman of the Committee of Ministers and the President of the Parliamentary Assembly;

3.         instructed the Secretariat to enter into negotiations with the European Commission to determine the practical modalities for events to be organised in the future within the framework of the European Day against the Death Penalty.”

Appendix 1

Letter of Mr Franco Frattini, Vice- President of the European Commission, transmitting the Draft Joint European Union-Council of Europe Declaration establishing a European Day Against the Death Penalty

Appendix 2

Draft programme of the Conference marking the First European Day against the Death Penalty

(Draft – not all panelists of the afternoon sessions have confirmed their participation)

Conference marking the First European Day against the Death Penalty

“Europe against the death penalty”

Lisbon, 9 October 2007 (Belém Cultural Centre)

8h30 - 10h00 – Participants Registration

In the presence of, for the EU Presidency, José Sócrates and Alberto Costa; for the European Parliament, Hans-Gert Pöttering; for the European Commission, José Manuel Durão Barroso and Franco Frattini; for the Council of Europe, Vuk Jeremić, René van der Linden and Terry Davis.

10h00 – 11h20

Ø  Introductory statements and Presentation of the Joint Declaration European Union - Council of Europe

Ø  8 speakers, 80 minutes = ± 10 minutes/speaker)

-    José Sócrates - Prime-Minister of Portugal

-    Hans-Gert Pöttering - President of the European Parliament

-    José Manuel Durão Barroso - President of the European Commission

-    Terry Davis – Secretary General of the Council of Europe

-    René van der Linden – President of the Parliamentary Assembly, Council of Europe

-    Vuk Jeremić - Minister for Foreign Affairs of Serbia and Chairman of the Committee of Ministers, Council of Europe

-    Alberto Costa - Minister of Justice of Portugal

-    Franco Frattini - Vice-President of the European Commission

Ø  Solemn signature of the Joint Declaration  (± 10 minutes) 3 EU Institutions + 3 CoE Representatives

H-G. Pöttering ; J-M. Cavada, J. Sócrates ; A. Costa, M. Barroso ; F. Frattini,
Vuk Jeremić ; R. van der Linden ; T. Davis

Ø  Signature / ratification of Protocol No. 13 to the ECHR (to be confirmed)

11h30 – 12h00 – Press Conference (30 minutes)

Signatories

11h30 - 12h00 – Coffee-break (30 minutes)

4 speakers (50 minutes = ± 12 minutes/speaker)

-    Jorge Sampaio – High Representative for the Alliance of Civilizations and former President of Portugal

-    [Mary Robinson – former President of Ireland and United Nations High Commissioner for Human Rights, now president of Realising Rights: The Ethical Globalisation Initiative and honorary president of Oxfam International.]

-    […]

-    […]

13h00 – 14h30 – Lunch

5 Speakers (55 minutes = ± 10 minutes/speaker + Moderator presentation)

Moderator: Hélène Flautre – Chairwoman of EP Subcommittee on Human Rights

Speakers:

-    Massimo D’Alema – Italian Foreign Affairs Minister

-    Louise Arbour – High Commissioner for Human Rights, United Nations

-    Benita Ferrero-Waldner - Commissioner for External Relations and European Neighbourhood Policy

-    Michel Taube - President of the NGO "Ensemble Contre la Peine de Mort" and coordinator of the World Coalition Against the Death Penalty

-    Cheikh Tidiane SY – Senegal Justice Minister

4 Speakers (45 minutes = ± 10 minutes/speaker + Moderator presentation)

Moderator: Renate Wohlwend – Member of the Parliamentary Assembly of the Council of Europe

Speakers:

-    Nicolas Bratza, Vice-President of the European Court of Human Rights

-    Piers Bannister - Amnesty International, death penalty team coordinator

-    José Cunha Rodrigues – Judge of the Court of Justice of the European Communities

-    Kirill Koroteev – Association for Human Rights Defence "Memorial" (Russia)

16h45 – 17h00 – Coffee-break (20 minutes)

6 Speakers (55 minutes = ± 10 minutes/speaker + Moderator presentation)

Moderator: Vitalino Canas – Chairman of the European Affairs Committee of the Portuguese Parliament 

Speakers:

-    Figueiredo Dias – Professor, President of the Institute for Economic and European Criminal Law of the University of Coimbra

-    Jean-Marie Cavada– Chairman of EP "Civil Liberties, Justice and Home Affairs" Committee

-    Marc Scheuer – Director of the Office of the Council of Europe Commissioner for Human Rights

-    St. Egidio Community Representative

-    Brenda Bowser Soder – Communications Director of Death Penalty Information Centre (Washington)

18h15 – Closing Session

-    Alberto Costa - Minister of Justice of Portugal

-    Jonathan Faull – Director-General of the European Commission department "Justice, Freedom and Security”

-    Philippe Boillat - Director General of Human Rights and Legal Affairs of the Council of Europe

-    [Robert Badinter- French Senator, historical actor of anti-death penalty in France]