51998IP1092

B4-1092, 1093, 1101, 1123, 1126, 1127, 1131, 1140, 1153 and 1154/98

Resolution on the abolition of the death penalty

The European Parliament,

- having regard to its previous resolutions on the death penalty,

- having regard to the resolution adopted in Geneva by the 53rd session of the UN Commission on Human Rights on the question of the death penalty,

- having regard to Protocol 6 to the European Convention on Human Rights,

A. having regard, in particular, to its resolution of 18 June 1998 on the establishment of a universal moratorium on executions ((OJ C 210, 6.7.1998, p. 207.)) and regretting the fact that the Council has not yet acted thereon,

B. having regard to the continuing use of capital punishment in many countries, often without a free and fair trial,

C. appalled by the number of executions taking place each year in countries such as China, Iran, Saudi Arabia and the United States,

Regarding certain specific cases

D. expressing its deep regret about the fact that, despite international reaction against executions, the United States continues to apply the death penalty,

E. noting that Mumia Abu-Jamal was condemned to death in December 1982 following an unfair trial, that his application for a re-trial was rejected on 30 October 1998 by the Supreme Court of Pennsylvania, and that an appeal to the Supreme Court is now the only avenue left open,

F. whereas this rejection means that the Governor of Pennsylvania may at any time sign a fresh warrant setting a date for his execution,

G. having regard to the case of the Spanish national Joaquín José Martínez, who has been condemned to death and is in Starke Prison; whereas Martínez' defence lawyer is submitting an appeal to the Supreme Court of Florida,

H. noting that Sarah Jane Dematera, a 24-year-old Filipino woman, was sentenced to death in February 1996 by a Saudi Arabian court, and emphasising that Mrs Dematera had only a very limited opportunity to prove her innocence, as she had no access to legal assistance nor any other opportunities to enable her to exercise effectively her right of defence,

I. expressing its concern at the death sentences passed in Turkmenistan on Shaliko Maisuradze, Gulshirin Shykhyeva and her sister, Tylla Garadshayeva,

Regarding certain specific cases

1. Calls for the immediate and unconditional global abolition of the death penalty;

2. Calls on those states still practising the death penalty to declare an immediate moratorium;

3. Calls, therefore, on the Council and on the Member States of the European Union to promote the tabling, at the 1999 session of the United Nations General Assembly in New York, of a motion for a joint resolution entailing a universal moratorium on executions, with a view to the complete abolition of the death penalty;

4. Calls on the Member States not to agree to extradite individuals for crimes which carry the death penalty to those states which retain it on their statute books;

5. Calls on the Commission and the Council to promote the abolition of the death penalty through their relations with third countries, including when they negotiate agreements;

Regarding certain specific cases

6. Calls once again on all the States within the United States to abandon the death penalty;

7. Issues an urgent appeal to the Governor of Pennsylvania not to sign a fresh warrant setting an execution date and reiterates its call for a re-trial for Mumia Abu-Jamal and for the death sentence passed on him to be commuted;

8. Calls on the Supreme Court of Florida to annul the death sentence passed on the Spanish national Joaquín José Martínez and to guarantee his right to prove his innocence through a re-trial;

9. Calls on the Saudi Arabian Government to abolish the death penalty and to commute the sentence on Mrs Dematera and all other death sentences, and furthermore calls on the Saudi Arabian Government to give all those accused of capital crimes the necessary access to legal assistance during all stages of their trials;

10. Expresses its concern about the high number of death sentences being passed in Turkmenistan, and calls on the President of Turkmenistan to use his constitutional authority and commute the death sentences passed on Shaliko Maisuradze, Gulshirin Shykhyeva and Tylla Garadshayeva, and all other death sentences that come before him;

11. Instructs its President to forward this resolution to the Commission, the Council, the Secretary-General of the United Nations, the President of the UN Commission on Human Rights and the parliaments and governments of the United States, Saudi Arabia, Turkmenistan, Iran and the People's Republic of China.