Parliamentary Assembly
Assembl�e parlementaire

Abolition of the death penalty in Council of Europe observer states
Recommendation 1627 (2003)

Doc. 10149
24 April 2004

Reply from the Committee of Ministers
adopted at the 881st bis meeting of the Ministers’ Deputies (21 April 2004)

1.         The Committee of Ministers has carefully considered Parliamentary Assembly Recommendation 1627 (2003) concerning the abolition of the death penalty in Council of Europe Observer states.

2.         The Committee of Ministers reaffirms its absolute opposition to the death penalty and acknowledges with satisfaction the growing and irreversible trend towards universal abolition, which is reflected in the development of European and international law.  It reiterates that everyone's right to life is a basic value in a democratic society and that the abolition of the death penalty is essential to the protection of this right and for the full recognition of the inherent dignity of all human beings. This firm position of the member states of the Council of Europe was again recently exemplified by the unprecedented speed of the entry into force of Protocol No. 13 to the European Convention on Human Rights on the abolition of the death penalty in all circumstances and the rapidly growing number of ratifications of this Protocol.

3.         The Committee of Ministers commends the Parliamentary Assembly’s sustained determination, and fully supports its initiatives, to enter into informed debate with the legislative bodies of two Observer states, Japan and the United States of America. 

4.         In response to paragraph 5 of the recommendation, the Committee of Ministers first wishes to refer to its reply to the Parliamentary Assembly’s Recommendation 1246 (1994) in which it highlighted that Observer states are expected to “share Council of Europe values”, which inter alia, include the call for universal abolition of the death penalty with a view to overcoming what might be seen as a “value gap”. With respect to the United States, it closely observes developments regarding the death penalty, expects to pursue a substantive dialogue and hopes that future initiatives of the Parliamentary Assembly aimed at opening a dialogue with US legislators will be favourably received. With respect to Japan, the Committee welcomes the parliamentary and governmental dialogue that has been initiated and encourages the further development of this dialogue.

5.         The Committee of Ministers has therefore requested its Chairman to transmit Resolution 1349 (2003) to the governments of Japan and the USA, and in doing so, to reiterate the Committee’s readiness to intensify dialogue with these states on the question of the death penalty.  In stressing the Council of Europe’s attachment to this vital issue, the Chair will highlight in particular the extensive experience of the Organisation in this field which might be drawn upon to achieve a moratorium on executions and subsequent abolition, as well as draw attention, inter alia, to the requirements of Statutory Resolution (93) 26, the additional criteria adopted by the Committee of Ministers on 7 July 1999, and relevant international legal standards.

6.         The Committee agrees with the Assembly that the level of dialogue with Observer states concerned about these questions is an important element to be taken into consideration in the context of any requests made by these States under Section IV of Statutory Resolution (93) 26.

7.         The Committee of Ministers will inform the Parliamentary Assembly about further developments.