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EU Policy On The Death Penalty

PC.DEL/374/04

6 May 2004

ENGLISH only

Permanent Mission of Ireland
to the OSCE

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Fax: +43 1 715 5755
ireland-osce@chello.at

 

Irish Presidency of the European Union


Organization for Security and Co-operation in Europe

Permanent Council No. 505
06 May 2004

EU Statement on Death Penalty in the USA

The European Union considers that abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights. Our objective is the universal abolition of the death penalty, and we have developed specific guidelines to that end. Where the death penalty does exist, we insist that it be carried out according to minimum standards as set out in the guidelines.

The EU strongly believes that the execution of persons suffering from a mental disorder is contrary to accepted human rights norms. We have been informed that Mr. Kelsley Patterson has been scheduled to be executed on 18 May this year in the State of Texas. Mr. Patterson has a long history of severe mental illness and has been diagnosed with paranoid schizophrenia and hospitalised on several occasions before his arrest. Therefore, the EU urges the appropriate authority in Texas to grant Mr. Patterson relief from his penalty.

The EU also wishes to raise the case of Mr. Osvaldo Torres, who is also scheduled to be executed on 18 May this year in the State of Oklahoma. The EU notes that the International Court of Justice on 31 March this year found that the United States failed to notify Mexican consular authorities of the opportunity to provide legal assistance to Mr. Torres prior to his trial for capital murder, in accordance with the Vienna Convention on Consular Assistance. The ICJ called for the conviction and sentence in this case to be reviewed and reconsidered. The EU urges the appropriate authority in Oklahoma to grant Mr. Torres relief from his death penalty and to ensure that the required review and reconsideration of the case be undertaken.

In the case of Mr. Hung Thanh Le, also concerning the Vienna Convention, the EU wishes to express its deepest regret that Mr. Le was executed in Oklahoma on 24 March this year by lethal injection. The case of Mr. Le was raised by the EU on 11 December last year. The EU had also approached the appropriate authorities in Oklahoma, unfortunately to no avail.

The EU would appreciate information regarding how the Federal authorities in the US ensure that the ICJ jurisprudence is implemented in local State jurisdictions.

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

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