capital punishment in Europe

{{Further|Capital punishment by country}}

The Council of Europe has two main instruments against capital punishment: Protocol 6 and Protocol 13.{{cite journal |url=https://kb.osu.edu/server/api/core/bitstreams/28977c97-5446-4888-ae06-3a7f05eb02b6/content |title=Why Europe Abolished Capital Punishment |journal=Ohio State Journal of Criminal Law |volume=17 |issue=1 |date=2019 |pages=95-129 }}Christian Behrmann & Jon Yorke, [http://digitalcommons.pace.edu/pilronline/39/ The European Union and the Abolition of the Death Penalty], 4 Pace Int’l L. Rev. Online Companion 1 (2013)

[https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=114 Protocol 6], opened for signing in 1983, which prohibits capital punishment during peacetime has been ratified by all members of the Council of Europe.

[https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=187 Protocol 13], opened for signing in 2002, prohibits capital punishment in all circumstances. All member states of the Council of Europe have ratified it except Azerbaijan, which have signed but not yet ratified. Still, Azerbaijan had already abolished capital punishment in 1998. Armenia is the latest country to ratify Protocol 13 in February 2024, having however abolished the death penalty since 2003.[https://www.coe.int/en/web/conventions/full-list?module=signatures-by-treaty&treatynum=187 Protocol 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances CETS No.: 187] Council of Europe

The only country in Europe that continues to execute in the 21st century is Belarus (last execution done in 2022).{{cite web | url=https://dp.spring96.org/en/news/110810 | title=Condemned prisoner's death date revealed more than a year after the execution | date=17 February 2023 }}

No member of the Council of Europe has carried out executions in the 21st century. The last execution on the present day territory of the Council of Europe took place in 1997 in Ukraine.{{cite web|url=http://hub.coe.int/what-we-do/human-rights/death-penalty |title=Death Penalty - Совет Европы |access-date=11 February 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140205224923/http://hub.coe.int/what-we-do/human-rights/death-penalty |archive-date=5 February 2014 }}{{cite web|url=http://www.handsoffcain.info/bancadati/schedastato.php?idcontinente=20&nome=ukraine|title=NTC – Bancadati|website=www.handsoffcain.info}}

Abolition began to appear in European history during the 19th century, but has only been a real trend since the end of the Second World War when human rights became a particular priority. The Kingdom of Italy had abolished the death penalty for civilians with the adoption of the Zanardelli Penal Code of 1889 (previously it had not been applied in Tuscany alone since 1859, or even earlier, in the Grand Duchy of Tuscany, for brief periods starting in 1786), but the Fascist regime reintroduced capital punishment in 1926, then expanding its range of cases with the 1930 Penal Code. In the United Principalities of Moldavia and Wallachia (Romania) and Portugal the death penalty had been abolished for civil crimes in 1864 and 1867 respectively, but was more or less reinstated during the 20th century. In the Netherlands, too, it was declared "cruel and uncivilized" and abolished, again for civil crimes alone, in 1870. In San Marino, after not having been physically carried out for centuries, it was definitively abolished for all crimes in 1865.

The European Convention on Human Rights was adopted in 1950, but some countries took many years to ratify it. The United Kingdom retained the death penalty for high treason until 1998; however, this technicality was superseded by the absolute ban on the death penalty in 1976. William Joyce was the last person to be put to death for high treason in the UK, on 3 January 1946 at Wandsworth Prison.

A moratorium on the death penalty has been in place in Russia since 1 January 2010. According to the 19 November 2009 decision of the Constitutional Court of the Russian Federation, the death penalty shall not be practiced in Russia at any time before the ratification of the above-mentioned protocol. The Constitutional Court has also clarified that the decision is not an extension of the moratorium but the abolition of the capital punishment, since it will be no longer possible to practice it legally.

2009 was the first year that no one was executed anywhere in Europe, however in March 2010, Belarus executed the last two people on its death row.Phillips, Leigh (30 March 2010) [http://euobserver.com/9/29797 Europe's first ever execution-free year undone by Belarus], EU Observer

The European Union has long since been opposed to the death penalty, supporting the European Convention, and its 2000 Charter of Fundamental Rights included an absolute ban on the death penalty in all circumstances. The Charter has been made legally binding by the Treaty of Lisbon as it was fully ratified and became effective on 1 December 2009.[http://news.bbc.co.uk/2/hi/europe/6901353.stm Q&A: The Lisbon Treaty] BBC News The treaty also has a provision for the EU to join the Council of Europe and accede to the European Convention on Human Rights. The EU has been an active promoter of abolition worldwide and has been promoting a United Nations moratorium on the death penalty; however some EU member state such as Poland have opposed such moves.{{Citation needed|date=August 2018}} The only member state to have performed executions in Europe whilst a Member of the EU or EEC is France, last shooting a prisoner in 1963 and last beheading one with the guillotine in 1977. The death penalty was abolished in France in 1981. All other states had effectively abolished Capital Punishment before joining the EU, at least in their metropolitan European Territory. Two hangings were carried out later in 1977 in Bermuda, a Special Territory of the EU as an Overseas Territory of the United Kingdom, (after the United Kingdom joined the EC in 1973). Due to later abolition dates in countries that joined later, there have been more recent executions in places that are now part of the EU, the most recent example being Latvia which shot a prisoner in 1996.

The Council of Europe has made abolition of the death penalty a prerequisite for membership. As a result, no execution has taken place on the territory of the organisation's member states since 1997. The Parliamentary Assembly of the Council of Europe continues to monitor the capital punishment issue. The current General Rapporteur on the abolition of the death penalty for the Parliamentary Assembly is German Member of Parliament Marina Schuster.[http://assembly.coe.int/ASP/NewsManager/EMB_NewsManagerView.asp?ID=8703&L=2 PACE Rapporteurs condemn death sentence handed down in Belarus], Press release of 3 May 2013, Council of Europe.

$*$Only used once, at the very last execution in Sweden

$**$Abandoned totally in 1930, however reintroduced 1945-1950 for certain collaborations with the occupying Nazi German forces between August 1943 and May 1945. Executions carried out by the police.

{{Expand section|date=January 2021}}

{{main|Capital punishment in Belarus}}

The only European country that executes criminals is Belarus, as that country is not part of the European Convention on Human Rights. Executions in Belarus are carried out by shooting.

{{main|Capital punishment in Russia}}

Capital punishment in Russia has been indefinitely suspended, although it still remains codified in its law. There exists both an implicit moratorium established by the President Yeltsin in 1996, and an explicit one, established by the Constitutional Court of Russia in 1999 and which was most recently reaffirmed in 2009. Russia has not executed anyone in the Russian Federation since August or September 1996{{cite web|url=https://www.gazeta.ru/science/2021/08/02_a_13823648.shtml|title=«Фишер», «Удав», «Ученик Чикатило»: кто был последним казненным в России преступником|publisher=Gazeta.Ru|date=2 August 2021}} (except one in 1999 in the Chechen Republic, a former limited recognition state). However, Russia was suspended from the Council of Europe in the wake of its 2022 invasion of Ukraine, and subsequently announced its intention to withdraw from the organization before being effectively expelled, former President and Prime Minister Dmitry Medvedev endorsed restoring death penalty in Russia.{{Cite web |last=Times |first=The Moscow |date=2022-03-10 |title=Russia Quits Europe's Rule of Law Body, Sparking Questions Over Death Penalty |url=https://www.themoscowtimes.com/2022/03/10/russia-quits-europes-rule-of-law-body-sparking-questions-over-death-penalty-a76854 |access-date=2022-03-14 |website=The Moscow Times |language=en}}{{Cite web |title=Dmitry Medvedev vows to reintroduce death penalty |url=https://thebarentsobserver.com/en/security/2022/02/dmitry-medvedev-calls-russia-reintroduce-death-penalty |access-date=2022-03-14 |website=The Independent Barents Observer |date=26 February 2022 |language=en}}

{{main|Capital punishment in Bosnia and Herzegovina}}

The death penalty in Bosnia and Herzegovina has been constitutionally abolished since 1995. However, it was only on 4 October 2019 that the capital punishment was completely erased from the Constitution of Republika Srpska, one of Bosnia and Herzegovina's two entities. While it was still in place, it was endorsed under Article 11 of the Constitution of Republika Srpska.{{cite web |title=Ustavni sud BiH ukinuo smrtnu kaznu u RS-u |url=https://www.slobodnaevropa.org/a/30199585.html |website=Radio Slobodna Evropa |archive-url=https://web.archive.org/web/20191005153631/https://www.slobodnaevropa.org/a/30199585.html |archive-date=5 October 2019 |date=4 October 2019}}

In Europe there are also partially unrecognized states. In 2006, the Parliamentary Assembly of the Council of Europe wrote that:

While Artsakh abolished the death penalty on 1 August 2003, when it decided to implement the Republic of Armenia's new Criminal Code on its territory, the other territories, Abkhazia, Transnistria and South Ossetia, have not done so, retaining capital punishment in their legislation both in peacetime and in wartime. As South Ossetia decided in 1992 to make Russian legislation applicable on its territory, it has observed a moratorium on executions since 1996. The death penalty is in the Transnistrian Criminal Code which came into force in 2002. In July 1999, de facto President Smirnov ordered a moratorium on executions, and there is said to be only one prisoner on death row in Transnistria.{{cite web|url=http://assembly.coe.int/ASP/Doc/XrefViewHTML.asp?FileID%3D11376%26Language%3Den |title=Position of the Parliamentary Assembly as regards the Council of Europe member and observer states which have not abolished the death penalty |access-date=2013-10-17 |url-status=dead |archive-url=https://web.archive.org/web/20131019050451/http://assembly.coe.int/ASP/Doc/XrefViewHTML.asp?FileID=11376&Language=en |archive-date=2013-10-19 }}

The Turkish Republic of Northern Cyprus retains the death penalty only for crimes committed under special circumstances (war crimes). See also Capital punishment in Cyprus.

There is no death penalty in Kosovo.{{cite web|url=https://www.diplomatie.gouv.fr/fr/politique-etrangere-de-la-france/droits-de-l-homme/peine-de-mort/la-peine-de-mort-dans-le-monde/carte-interactive-la-peine-de-mort-dans-le-monde/|title=Carte interactive : la peine de mort dans le monde|website=www.diplomatie.gouv.fr}}

The Donetsk People's Republic introduced the death penalty in 2014 for cases of treason, espionage, and assassination of political leaders. There had already been accusations of extrajudicial execution occurring.{{Cite web|url=http://www.themoscowtimes.com/news/article/donetsk-separatists-introduce-death-penalty-for-treason/505271.html|title=Donetsk Separatists Introduce Death Penalty for Treason|date=18 August 2014 }}{{Cite web|url=https://www.euractiv.com/section/central-asia/news/belarus-and-ukrainan-rebels-keep-death-penalty-alive-in-europe/ |title=Belarus and Ukrainian rebels keep death penalty alive in Europe |date=April 2015 |access-date=19 March 2021}}

The Luhansk People's Republic introduced the death penalty on 26 September 2014 in cases of homosexual rape.

Despite the fact that in Europe nearly all nations don't have the capital punishment, polling has found many nations in Europe have majority support for it and its return.

In 2015 a Poll found that 70% of Estonians are in favor of death penalty, this is an increase of support from then 62% in a 2010 poll.{{Cite web|url=https://news.err.ee/116090/70-percent-of-estonians-support-capital-punishment|title = 70 percent of Estonians support capital punishment|date = 15 June 2015}}

In 2020, a Ipsos/Sopra Steria survey showed that 55% of the French people support re-introduction of the death penalty. This was an increase.{{Cite web|url=https://www.rfi.fr/en/france/20200917-new-poll-shows-jump-in-number-of-french-people-in-favour-of-the-death-penalty|title = Massive jump in number of French people in favour of the death penalty - poll|date = 17 September 2020}}

In April 2021 a poll found that 54% of Britons said they would support reinstating the death penalty for those convicted of terrorism in the United Kingdom. About a quarter (23%) of respondents said they would be opposed.{{Cite web|url=https://redfieldandwiltonstrategies.com/slight-increase-in-support-for-death-penalty-for-convicted-terrorists/|title=Slight Increase in Support for Death Penalty for Convicted Terrorists|website=Redfieldandwiltonstrategies.com|date=7 April 2021|access-date=2 March 2022}}

In Hungary 76%{{cite web | url=https://dailynewshungary.com/most-hungarians-support-the-reinstatement-of-the-death-penalty/ | title=Most Hungarians support the reinstatement of the death penalty - Daily News Hungary | date=27 October 2020 }} and Serbia 58%{{cite web | url=https://n1info.rs/english/news/a533508-more-than-half-of-serbians-support-capital-punishment/ | title=More than half of Serbians support capital punishment | date=10 October 2019 }} have majority in support for the death penalty.

• Use of capital punishment by country
• Capital punishment abolitionism
• European Court of Human Rights

• [https://www.amnesty.org/en/death-penalty/abolitionist-and-retentionist-countries Amnesty International – Abolitionist and Retentionist Countries]
• [https://www.amnesty.org/en/death-penalty/ratification-of-international-treaties Amnesty International – Ratification of International Treaties]

{{capital punishment}}

{{Capital punishment in Europe}}

Category:Capital punishment

Category:Politics of Europe

Category:Law enforcement in Europe

Category:Human rights in Europe