EU Policy On The Death Penalty

April 17, 2002

Hon. Governor Bob Holden
Missouri Capitol Building
Room # 216
PO Box 720
Jefferson City, Missouri 65101-0720

Dear Mr. Governor,

On behalf of the European Union, Spain as its current president, together with Denmark, its subsequent president, and the European Commission, we would like to convey to you an urgent humanitarian appeal to spare the life of Christopher Simmons who has been sentenced to death and is scheduled to be executed in May 1^st, 2002.

As stated in the EU Memorandum on the Death Penalty (http://www.eurunion.org/legislat/DeathPenalty/eumemorandum.htm) which has been shared with you, the European Union is opposed to 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.

In the case of Mr. Simmons, the following factors are of special concern:

1. Mr. Simmons was 17 years old at the time the crime was committed. The European Union believes that in those countries which have not yet abolished the death penalty, it should not be imposed on persons who were less than 18 years of age at the time of the crime. This approach to juvenile justice is consistent with the spirit and letter of several international human rights instruments which expressly prohibit the execution of juveniles, specifically the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights. Article 6 of the ICCPR — to which the United States is a party — expressly forbids the execution of people whose crime was committed when they were under 18 years of age. The EU considers that this would be contrary to generally accepted human rights norms.





2. We understand that Mr. Simmons is reported to be suffering from a schizotypal personality disorder. The European Union considers that the execution of people with mental disorders is contrary to human dignity and to international human rights instruments such as the United Nations Economic and Social Council 1984/50 resolution on the safeguards for the protection of persons facing the death penalty and resolution 2001/68 adopted at the last session of the United Nations Commission on Human Rights, which specifically urges all states that still maintain 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. Governor, to take all the aforementioned factors into account and to exercise all powers vested in your office to commute Mr. Simmons sentence to any penalty other than capital punishment, in accordance with international law.

Sincerely,

---

Embassy of Spain
2375 Pennsylvania Avenue, NW
Washington, DC 20037
Telephone: 202-452-0100
Website: http://www.spainemb.org/ingles/indexing.htm