The draft resolution was hotly debated at a meeting of the UN General Assembly's Third Committee, which deals with social, humanitarian and cultural issues. This took two days: in fact, the committee members did nothing but, having split roughly into two equal groups, argue about the necessity of the document. The topic of a moratorium on the death penalty had been raised in the committee more than once but was considered 'non-passable' and simply removed from consideration. However, representatives of the European Union, which insist on the universal introduction of a moratorium, managed to bring the draft resolution for consideration on behalf of 80 states. And last week, the vote took place.
The text of the draft expresses concern that the death penalty is still being used. The signatories call on countries that have not abandoned the ultimate punishment to comply with international norms and provide the UN Secretary-General with all information on the use of the death penalty.
Such statistics are indeed not available for all countries – for example, there is none for China. The authors of the draft note that there is no evidence that the death penalty is a deterrent. Moreover, any errors or shortcomings of the justice system under its application are irreversible and irreparable. Those countries that have already abolished this punishment are urged not to return to this practice. The authors also propose to continue discussing this resolution at the 63rd session of the UN General Assembly.
Opponents of the resolution believe that such a document is an attempt to interfere in the internal affairs of sovereign states by imposing their own justice system on them.
The US representative during the debates reminded that while European countries take a 'principled position', international law does not prohibit the death penalty. He recalled that the International Covenant on Civil and Political Rights specifically recognizes the right of countries to carry out the death penalty for certain crimes. In conclusion, the American diplomat called on all countries where the ultimate punishment is applied to make decisions in accordance with their human rights obligations, rather than based on 'fashion'.
Besides the US, the resolution was also not supported by China, India, Iran, Egypt, Japan, Mongolia, Afghanistan, Iraq, Pakistan, and 13 Caribbean Community states. The representative of the largest African state, Nigeria, also opposed it. However, South Africa, which is considered the most influential country, on the contrary, supported the resolution.
All European countries, including almost all former USSR republics and Russia, supported the draft resolution. True, since the idea was lobbied by the EU, and some former Soviet republics have already joined the community and others are striving to do so, this is not surprising.
The only country that preferred to abstain from voting was Belarus. The ultimate punishment is in effect on its territory, and Minsk is not bound by any obligations. 'As for abstaining Belarus, this is due to the freezing of consideration of the country's membership in the Council of Europe, so it has no need to follow the EU's messages,' explained Timofei Bordachev, director of the Center for Comprehensive European and International Studies.
Despite the preponderance of supporters of the moratorium on the death penalty, this document will not ultimately be adopted. 'This document has no prospects because two members of the Security Council are against. They are the USA and China,' Bordachev stated. Since the permanent members of the Security Council have veto power, being opponents of the moratorium, they will not let the resolution pass.
In fact, the adopted draft resolution can only be used for PR. 'Now the EU will likely launch a campaign that it was the one that promoted this moratorium. And the European Union is against the death penalty, which makes it better than the USA and China. But the fact that Russia supported the moratorium will soon be forgotten,' Bordachev believes.
According to UN data published in a report in November 2007, 146 countries have so far abandoned the death penalty. In 51 countries, the ultimate punishment is used, and executions are often public. In the past year 2006, at least 5,628 people were executed worldwide. 90% of all death sentences were carried out in Iran, Iraq, China, Pakistan, the USA, and Sudan.
Alia Samigullina.
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