Towards the universal abolition of the death penalty in all circumstances
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 22 April 2026 (15th sitting) (see Doc. 16375 rev,
report of the Committee on Legal Affairs and Human Rights, rapporteur:
Ms Gala Veldhoen). Text adopted by the Assembly on
22 April 2026 (15th sitting).Provisional version
subject to editorial review.
1. The Parliamentary
Assembly reaffirms its opposition to the death penalty in all circumstances
and in all places. The Assembly is proud of its decisive contribution
to making the Council of Europe geographical and legal space a death
penalty-free zone, by having made the commitment to abolition a
condition for accession to the Organisation. The Assembly strongly
deplores the fact that Belarus, a non-member State of the Council of
Europe, is the only country on the European continent that still
carries out executions.
2. The death penalty is fundamentally incompatible with human
dignity, the right to life and the prohibition of inhuman or degrading
treatment or punishment. This has been recognised since 2010 by
the European Court of Human Rights in its case law on Articles 2
and 3 of the European Convention on Human Rights (ETS No. 5, hereinafter
“the Convention”). Furthermore, all the Council of Europe member
States have ratified Protocol No. 6 to the Convention (ETS No. 114,
concerning the abolition of the death penalty in time of peace) and
the Second Optional Protocol to the International Covenant on Civil
and Political Rights, aiming at the abolition of the death penalty,
and all member States except Azerbaijan have ratified Protocol No.
13 to the Convention (ETS No. 187, concerning the abolition of the
death penalty in all circumstances). The Assembly urges Azerbaijan
to ratify this protocol without further delay (ETS No. 1).
3. The Assembly will not accept any backsliding on the prohibition
of the death penalty in Europe. Reintroducing the death penalty
would purely and simply be incompatible with a State’s continuing
membership of the Council of Europe and would constitute a serious
violation of its obligations under Article 3 of the Statute of the
Council of Europe (ETS No. 1).
4. Recalling that the 2025 World Day against the Death Penalty
was dedicated to fighting the misconception that the death penalty
can make societies safer, the Assembly stresses that there is no
evidence that the death penalty deters crime more effectively than
lengthy prison sentences or that States that abolished the death
penalty have seen an increase in their crime rates. It makes miscarriages
of justice irreversible and disproportionately affects persons belonging
to vulnerable groups and minorities. Moreover, it is often applied in
an arbitrary and discriminatory manner or using execution methods
that are unnecessarily cruel or painful, which may amount to torture
or inhuman or degrading treatment in themselves. Capital punishment
can also be used as a tool of internal political repression, or
as a means of diplomatic leverage by using foreign nationals on
death row as bargaining chips.
5. Over the years, the Assembly has called for the abolition
of the death penalty in Council of Europe observer States, as well
as in States whose parliaments enjoy a partner for democracy status
with the Assembly. It strongly deplores that executions continue
to be carried out in many states across the United States, and that
23 states still retain the death penalty. Some of these states (Alabama,
Arkansas, Louisiana, Mississippi and Oklahoma) have introduced a
new method of execution called nitrogen hypoxia which has been described
as potentially amounting to torture. In 2025, the State of South
Carolina carried out the first executions by firing squad in the
United States in 15 years. The death penalty has been restored at
the federal level under President Trump. In Japan, an execution
was carried out in June 2025, after a pause of almost three years.
Executions are carried out by hanging, with very short or no prior
notice to prisoners and their families. The Assembly welcomes the
retrial and acquittal by Japanese courts of 87-year-old Iwao Hakamada, who
spent more than 45 years on death row and was known as the longest
serving death row prisoner in the world. His case has highlighted
concerns about wrongful convictions resulting in death sentences.
6. The Assembly observes that the countries whose parliaments
have a partner for democracy status with the Assembly are not carrying
out executions. They either have a de
facto moratorium on executions (Morocco) or have not
enforced death sentences for a number of years (Jordan, Palestine,
(West Bank)). However, courts in Jordan and Morocco continue to
hand down death sentences. The Assembly believes that these partners for
democracy should work towards the abolition of the death penalty
in law, including by promoting and leading a public debate with
all relevant stakeholders, in line with the expectations expressed
by the Assembly when their status was conferred. However, the Assembly
welcomes the positive steps recently taken by Morocco towards the
abolition of the death penalty: Morocco voted for the first time
in favour of the Resolution of the United Nations General Assembly
calling for a moratorium on the use of the death penalty in 2024,
which has been perceived in Morocco as a sort of recognition of
the moratorium in place. The Assembly welcomes the recent decision
of the Kyrgyz Constitutional Court confirming that the reintroduction
of the death penalty through referendum would be incompatible with
the express constitutional prohibition of the capital punishment since
2007, as well as with the country’s international human rights obligations.
This is an inspiring example of how the judiciary can contribute
to upholding the abolition of the death penalty on the basis of
international human rights law. The Assembly also welcomes Kazakhstan’s
decision to abolish the death penalty in law in 2021.
7. The Assembly condemns the fact that death sentences continue
to be regularly imposed and executed in Belarus, where real figures
are not publicly known. The Assembly is particularly concerned about
the secrecy surrounding executions, including the failure to notify
prisoners and their families in advance, the non-return of bodies,
and the persistent allegations that trials do not meet the most
basic international standards of fairness. Furthermore, the scope
of application of the death penalty has been widened to include
offences that do not meet the “most serious crimes” threshold established
under the United Nations International Covenant on Civil and Political
Rights, to which Belarus is a party. Against this backdrop, the
Assembly welcomes the adoption of a Memorandum on the abolition
of the death penalty in Belarus by the Coordination Council in June 2025, endorsed
by the United Transitional Cabinet and the Office of Sviatlana Tsikhanouskaya.
This must be seen as a clear commitment to abolition in the context
of a future democratic Belarus.
8. The Assembly notes that the death penalty has not been applied
in Israel since 1962 and that Israel has voted in favour of UN General
Assembly resolutions for a moratorium on the use of the death penalty
since 2007. The Assembly condemns the adoption of legislation by
the Knesset on 30 March 2026, which extends the use of the death
penalty to “murderous terrorist attacks”. The new law introduces
default death sentences by military courts for West Bank residents,
excluding Israeli residents or citizens, with a simple majority
of the judicial panel for conviction. It prohibits the reduction,
commutation or pardon of the death sentence. Within the civil courts
system in Israel, the law allows for the imposition of the death
penalty for “terrorist murders carried out with the intent of negating
the existence of the State of Israel”. This has clear discriminatory
effects against Palestinians. In both cases, the method of execution
will be hanging, and execution procedures will be characterised
by secrecy and a lack of safeguards. The Assembly also notes that
the law is currently being challenged before the Supreme Court of
Israel. The adoption of this law represents a clear setback in Israel’s long-standing
stance on the use of the death penalty, placing the country away
from the growing international consensus in favour of abolition.
It is incompatible with the values of the Council of Europe reflected
in Protocols No. 6 and No. 13 to the European Convention of Human
Rights and in violation of Israel’s obligations under the UN International
Covenant on Civil and Political Rights.
9. The Assembly welcomes the global trend towards limiting and
abolishing the death penalty, as shown by the fact that more than
two-thirds of the world’s countries no longer execute prisoners,
either because they abolished it in law for all crimes or because
they have a moratorium on executions. This encouraging trend is also
reflected in the record number of 130 States that voted in favour
of the 10th United Nations General Assembly resolution calling for
a moratorium on the use of the death penalty in 2024, as well as
in the increasing number of States Parties to the Second Optional
Protocol to the International Covenant on Civil and Political Rights,
which has risen from 60 in 2007 as mentioned in
Resolution 1560 (2007)) to 92 today. At the same time, the Assembly is alarmed
by the increase in executions in 2024 and 2025, which is due to
the fact that a shrinking group of retentionist countries are increasing
the number of executions, including for offences not involving intentional
killing. The five States that carried out the most executions in
the world in 2024 were reportedly China, Iran, Saudi Arabia, Iraq
and Yemen. In Iran alone, at least 1 500 individuals were reportedly executed
in 2025.
10. The Assembly acknowledges the crucial role of the judiciary
in limiting the use of the death penalty in numerous countries.
National courts have often the power to exercise judicial discretion
when sentencing, to overturn or commute death sentences, and to
establish legal precedents in favour of moratoria of executions or
partial abolition. Some of their decisions have paved the way for
full abolition de jure. Courts
in abolitionist countries can also ensure that individuals are not
extradited to countries where they are at risk of being sentenced
to death, following the example of the case law of the European
Court of Human Rights.
11. The Assembly further emphasises the importance of involving
young people in the abolitionist movement worldwide. It therefore
encourages the pursuit of initiatives and programmes from the Council
of Europe and its member States involving young people, including
from Belarus and Morocco, as well as the network of young ambassadors
that is being set up. Member States must counter pro-death penalty
narratives that may be gaining traction among younger generations
in Europe, raising awareness about the death penalty’s inherent
cruelty and ineffectiveness.
12. The Council of Europe and the Assembly should contribute to
the upcoming World Congress against the death penalty to be held
in Paris in June 2026, including by sharing their experience of
progressively making Europe a death penalty-free continent, as well
as their expertise on the role of the judiciary and young people.
13. In light of these considerations, the Assembly:
13.1 calls on the United States of
America to:
13.1.1 introduce without
delay a moratorium on executions at both federal and state levels,
and take the necessary steps towards the abolition of the death
penalty in law at all levels, including by initiating an open and
inclusive public debate on this issue;
13.1.2 commute all existing death sentences to terms of imprisonment;
13.1.3 in the meantime, ensure that the conditions of detention
on death row comply with the prohibition of torture or cruel, inhuman
or degrading treatment or punishment, and immediately stop using
execution methods such as nitrogen hypoxia, the firing squad and
electrocution;
13.2 calls on Japan to:
13.2.1 introduce
an immediate moratorium on executions, and take the necessary steps towards
the abolition of the death penalty in law, including by initiating
an open and inclusive public debate on this issue;
13.2.2 commute all existing death sentences to terms of imprisonment;
13.2.3 in the meantime, ensure that the conditions of detention
on death row comply with the prohibition of torture or cruel, inhuman
or degrading treatment or punishment, and stop the practice of executions
shrouded in secrecy with little or no prior warning to prisoners,
their families and lawyers;
13.3 calls on the Belarusian regime to:
13.3.1 introduce without delay a moratorium on the imposition
and execution of the death penalty, as a first step towards the
abolition of the death penalty in law;
13.3.2 commute all existing death sentences to terms of imprisonment;
13.3.3 in the meantime, end secrecy practices surrounding the
death penalty, guaranteeing at a minimum prior notification of execution
to prisoners, their families and lawyers, as well as return of the
bodies;
13.4 strongly urges
Israel to repeal or invalidate the new law that expands the use
of the death penalty in a discriminatory manner without further
delay, and to refrain from implementing it in the meantime, in accordance
with its obligations under the UN International Covenant on Civil
and Political Rights and notes that, in this context, the compatibility
of Israel’s actions with the requirements attached to observer status
should be kept under careful review;
13.5 requests that the Venice Commission issue an opinion on
the compatibility of the law adopted by the Knesset on 30 March
2026 with the norms promoted by the European Convention on Human
Rights and the constitutional standards of Council of Europe member
States in the field of human rights, in particular the principle
of non-discrimination, the right to life and the right to a fair
trial;
13.6 encourages the Parliament and the authorities of Morocco
to:
13.6.1 take the necessary steps
to transform its long-standing de facto moratorium
on executions into abolition of the death penalty in law, following
Morocco’s vote in favour of the United Nations General Assembly
resolution calling for a moratorium on the use of the death penalty
for the first time in 2024;
13.6.2 commute all existing death sentences to terms of imprisonment;
13.6.3 pending abolition, declare a de
jure moratorium on the imposition and execution of the death
penalty and/or reduce the number of offences punishable by death
in the Criminal Code;
13.7 encourages the Parliaments of Jordan and Palestine to
work towards abolishing the death penalty in law, bearing in mind
the absence of executions in both countries for a number of years
and the expectations expressed when they were granted partnership
for democracy status;
13.8 echoes the condemnation by the President of the Palestinian
Authority of field executions carried out by Hamas in Gaza, and
urges all entities exercising control over the territory of Gaza
to ensure that executions are halted;
13.9 invites all Council of Europe member States, and Canada
and Mexico as observer States:
13.9.1 raise,
in their bilateral relations with retentionist countries that still
carry out executions, the need for immediate steps towards moratoria
and abolition, and ensure that co-operation in criminal matters
and justice with these countries is consistent with this objective
and that the Vienna Convention on Consular Relations is fully respected
with regard to detained foreign nationals;
13.9.2 advocate for the universal abolition of the death penalty
in multilateral fora, in particular the United Nations General Assembly
and the United Nations Human Rights Council, as well as in regional
organisations such as the European Union and interparliamentary
organisations;
13.9.3 involve their national parliaments in the fight against
the death penalty worldwide, including through regular debates and
public hearings on capital punishment, involving civil society and
victims’ representatives, and through participation in interparliamentary
fora;
13.9.4 raise public awareness about the death penalty’s inherent
cruelty, ineffectiveness and incompatibility with basic human rights,
particularly among young people;
13.9.5 support initiatives aimed at strengthening the role of
the judiciary in retentionist countries in limiting the scope of
the death penalty, including training for judges, prosecutors, lawyers
and law-enforcement officials on international human rights standards
relevant to capital punishment;
13.9.6 monitor the situation of their nationals who are on death
row in retentionist countries, taking all possible diplomatic measures
to ensure that their human rights are respected, particularly the
right to a fair trial and the prohibition of torture and other cruel,
inhuman or degrading treatment, and actively seeking to have their
death sentences commuted;
13.9.7 implement Recommendation CM/Rec(2021)2 of the Committee
of Ministers on measures against the trade in goods used for the
death penalty, torture and other cruel, inhuman or degrading treatment
or punishment;
13.10 invites the European Union, through its external action,
to systematically raise the issue of the abolition of the death
penalty in its dialogue with third countries that still impose capital
punishment, or with countries that have expanded its scope, such
as Israel;
13.11 resolves to promote dialogue with parliamentarians from
the United States, Japan, Morocco, Jordan and Palestine, in order
to support all efforts to institute moratoria on executions and
abolish the death penalty. The Council of Europe could offer technical
assistance to any States seeking to abolish the death penalty;
13.12 invites all its members to raise the issue of the universal
abolition of the death penalty in their own national parliaments,
through oral and written questions to their governments and in their
parliamentary committees on foreign affairs
