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EU Policy On The Death Penalty

Royal Danish Embassy
Washington, DC

EU Presidency

Chairman Gerald Garrett
Texas Board of Pardons and Paroles
Executive Clemency Section
PO Box 13401
Capital Section
Austin, Texas 78711

File: 27.USA.1

24 October, 2002

Dear Chairman Garrett,

The European Union has learned that Mr. James Blake Colburn is to be executed in the State of Texas on November 6, 2002. On behalf of the European Union, Denmark, as current President, together with Greece, the subsequent President, and the European Commission would like to make an urgent humanitarian appeal to spare the life of Mr. James Blake Colburn.

As stated in the EU memorandum on the Death Penalty, which has been shared with you on previous occasions (it can also be found on the web page: www.eurunion.org/legislat/deathpenalty/eumemorandum.htm, the European Union opposes the death penalty in all cases and accordingly aims at its universal abolition, seeking a global moratorium on the death penalty as a first step. 

The European Union considers that in those countries, which have not yet abolished the death penalty, this penalty should not be imposed on persons suffering from a mental disorder. Mr. Colburn has a long history of severe mental illness from before the crime. He has been diagnosed with chronic paranoid schizophrenia characterized by hallucinations and delusions.

The EU strongly believes that the execution of persons suffering from a mental disorder is contrary to widely accepted human rights norms and in contradiction to the minimum standards of human rights set forth in several international human rights instruments. Among them are United Nations Economic and Social Council (ECOSOC) Resolution 1989/64 of 24 May 1989 on the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty as well as Resolution 2002/77 adopted at the last session of the United Nations Commission on Human Rights. This resolution specifically urges all states still maintaining the death penalty "not to impose the death penalty on a person suffering from any form of mental disorder or to execute any such person." 

We therefore respectfully urge you, Mr. Chairman, as we have also urged the Governor of Texas, to take these factors into account and to exercise all the powers vested in your office to grant Mr. Colburn relief from the death penalty.

Sincerely,

Ulrik Federspiel Georges Savvaides P.o. Günter Burghardt
Ambassador of Denmark Ambassador of Greece Ambassador, Head of the Delegation of the European Commission

Royal Danish Embassy
3200 Whitehaven Street, NW
Washington, DC 20008-3683
(202) 234-4300 Fax (202) 328-1470
E-mail: wasamb@um.dk
Website: http://www.denmarkemb.org/

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