EU Policy On The Death Penalty

PC.DEL/441/04

20 May 2004

ENGLISH only

Permanent Mission of Ireland
to the OSCE
Rotenturmstrasse 16-18,
A-1010 Vienna
Tel: +43 1 71576 9826
Fax: +43 1 715 5755
ireland-osce@chello.at

Irish Presidency of the European Union

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Organization for Security and Co-operation in Europe

Permanent Council No. 507
20 May 2004

Statement on Death Penalty in the USA

As stated on previous occasions, the European Union aims towards the universal abolition of the death penalty and has developed specific guidelines to that end. We consider that abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights. Where the death penalty does exist, we insist that it be carried out according to minimum standards as set out in the guidelines.

On 6 May this year, the EU raised the case of Mr. Kelsey Patterson, who was scheduled to be executed in the State of Texas in spite of being diagnosed with paranoid schizophrenia and a long history of mental illness and hospitalisation. The EU strongly believes that the execution of persons suffering from a mental disorder is contrary to accepted human rights norms including, most recently, Resolution 2004/94 adopted at the recent session of the UN 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 wish to express our deepest regret that Mr. Patterson was executed on 18 May this year. The execution took place in spite of the unusual decision by the Texas Board of Pardons and Parole, which recommended in a 5-1 vote that Mr. Patterson’s death sentence be commuted. The EU regrets that the Governor of the State of Texas decided not to follow that recommendation. The EU had also approached the Governor in this case, unfortunately to no avail.

On 6 May this year, the EU also raised the case of Mr. Osvaldo Torres, which concerned the Vienna Convention on Consular Assistance and the finding of the International Court of Justice regarding the failure to notify Mexican consular authorities of the opportunity to provide legal assistance. We welcome the decision by the Governor of the State of Oklahoma to commute Mr. Torres’ death sentence.

The Candidate Countries Bulgaria, Romania and Turkey align themselves with this statement.