Doc. 9784

10 April 2003

Responsibility of the Council of Europe member states ignoring to honour the obligation on the abolition of the death penalty

Motion for a resolution

presented by Mr R. Huseynov and others

      Most of the Council of Europe member states have completely abolished the death penalty and a number of other member states are on the threshold of ratification of Protocol No. 13 to the European Convention on Human Rights demanding the abolition of the death penalty even in the situation of war. However, some states assuming the official obligation on death penalty abolition yet ignore the abolition of the death penalty and availability of such states causes concerns in the Parliamentary Assembly of the Council of Europe family. Artificial prolongation of the death penalty abolition by a state declaring its adherence to the democratic development and observance of the principles of respect for human rights, but using the death penalty as a mechanism of pressure and intimidation within the country is an extremely bad example. One such undesirable example is being demonstrated by the Republic of Armenia.

      One of the main obligations of the Republic of Armenia, upon its full membership accession to the Council of Europe on 25 January 2001, was to ratify Protocol No. 6 to the European Convention on Human Rights, to abolish the death penalty in the country. It is true that the Republic of Armenia made this promise even a long time before other international organisations also did. In October 1998, the representation of Armenia to the United Nations declared to the Human Rights Committee of the United Nations in Geneva that the abolition of the death penalty in his country would come into force before 1 January 1999 (indexes of the Amnesty International: EUR 01/02/98 and EUR 54/05/98).

      During the discussions with regard to the honouring of the commitments and obligations assumed by the Republic of Armenia held on 26 September 2002 in the Parliamentary Assembly of the Council of Europe autumn session, Armenia was seriously criticised with regard to the ratification of Protocol No. 6. A number of Deputies stressing the necessity of laying serious pressure on the Armenian leadership concerning the abolition of the death penalty proposed to fix a deadline by the end of January 2003. However, subsequently this issue of principle was approached from the more liberal position. So it was considered possible to fix the deadline of June 2003 for this country that is insistently ignoring the abolition of the death penalty (AS (2002) CR31).

      The course of events shows that Armenia is not intending to abolish the death penalty even within this compromising prolonged time framework. On 25 May 2003 parliamentary elections will be held in the country and plenty of time will be required then for forming the new parliament, the abolition of the death penalty and the ratification of Protocol No. 6 and thus making appropriate changes in the legislation of Armenia. Subsequently, Armenia will come to the June session of the Parliamentary Assembly of the Council of Europe without honouring the condition put seriously before it by the Assembly.

      Armenia, of course, by carrying out this delay follows certain political purposes and the negligent attitude towards the requirements of the Council of Europe concerning the milestone principles continue to cause anxiety.

      Considering all the above-mentioned, the Assembly:

      – stresses the necessity of taking prompt action against Armenia in case the Republic of Armenia does not comply with the deadline fixed by the end of June 2003 for honouring the obligation concerning the abolition of the death penalty;–

      – taking into account the importance of the problem, considers it necessary to discuss this issue in appropriate committees without delay;–

      – requests that appropriate measures be taken within the powers of the Committee of Ministers against the country systematically violating its commitments and obligations.Si

Signed ¹:

Huseynov R., Azerbaijan, LDR

Auken, Denmark, UEL

Bargholtz, Sweden, LDR

Béreš, Slovakia, LDR

Blaauw, Netherlands, LDR

Bruce, United Kingdom, LDR

Çavuşoğlu Y., Turkey, LDR

Cilevičs, Latvia, SOC

Clerfayt, Belgium, LDR

Err, Luxembourg, SOC

Fehr, Switzerland, LDR

Hadžiahmetović, Bosnia and Herzegovina, NR

Holovaty, Ukraine, LDR

Hunault, France, EDG

Huseynov A., Azerbaijan, EDG

Isohookana-Asumnaa, Finland, LDR

Jařab, Czech Republic, LDR

López-González, Spain, SOC

Marty, Switzerland, LDR

Pehrson, Sweden, LDR

Piscitello, Italy, LDR

Severinsen, Denmark, LDR

Škrabalo, Croatia, LDR

Stoica, Romania, LDR

Vanoost, Belgium, SOC

Zernovski, “the Former Yugoslav Republic of Macedonia”, LDR

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group