- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 27 January 1998 (2nd Sitting) (see Doc. 7974, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Mrs Wohlwend). Text
adopted by the Assembly on 27 January 1998 (2nd Sitting).
- Thesaurus
1. The Assembly recalls its Opinion
N°. 190 (1995) on the application by Ukraine for membership of the Council
of Europe, adopted on 26 September 1995, which noted that Ukraine
committed itself to "put into place, with immediate effect from
the day of accession, a moratorium on executions". Ukraine acceded
to the Council of Europe on 9 November 1995, but did not institute
a moratorium on executions.
2. On 28 June 1996, the Assembly held a debate on the abolition
of the death penalty in Europe, and adopted
Resolution 1097 (1996), in which the Assembly condemned Ukraine for apparently
violating its commitment to introduce a moratorium on executions
and warned Ukraine that further violations of her commitments, especially
the carrying out of executions, would have consequences. Nevertheless,
executions continued in Ukraine.
3. On 29 January 1997, the Assembly was forced to once again
consider the honouring of the commitment entered into by Ukraine
upon accession to the Council of Europe, to put into place a moratorium
on executions, since it had received official information on continuing
executions in Ukraine. In
Resolution
1112 (1997), the Assembly warned the Ukrainian authorities "that
it will take all necessary steps to ensure compliance with commitments
entered into", including, if necessary, the non-ratification of
the credentials of the Ukrainian parliamentary delegation, at its
next session in January 1998.
4. The Assembly has now received official confirmation that executions
continued after 29 January 1997. It is shocked that at least thirteen
executions took place in Ukraine in 1997. It strongly condemns these executions
which constitute, once again, a blatant violation of the commitments
entered into by Ukraine upon accession to the Council of Europe,
and of
Resolution 1112.
5. The Assembly demands that no more executions be carried out
under any circumstances whatsoever.
6. It also demands that a de jure moratorium be introduced in
Ukraine.
7. It demands that the unnecessary and inhuman secrecy surrounding
executions in Ukraine be lifted without further delay, and that
a list of all those who have been under sentence of death, and their
ultimate fate, since the accession of Ukraine to the Council of
Europe on 9 November 1995 be made public.
8. It further demands that the death penalty be abolished by
parliament as soon as a new parliament has been elected and that
the President pardon all current death-row inmates.
9. The Assembly is also shocked by the appalling conditions in
which prisoners condemned to death are held. It insists that all
death-row inmates immediately be allowed one hour’s exercise outside,
in fresh air, per day. Lights should be installed in death row cells
that can be turned down at night; where possible, daylight should
be allowed into the cells as well as fresh air.
10. It recommends that, in the long term, prisoners be given the
possibility to complain about ill treatment in detention to an independent
body other than the prosecutor’s office.
11. The Assembly is willing to grant Ukraine all the assistance
within its means to help Ukraine achieve these goals and to honour
this particular commitment.
12. Ukraine was clearly warned in
Resolution 1112 (1997) of the consequences any further executions after 29
January 1997 could have. Recalling that executions continued at
least until 11 March 1997, the Assembly, in the absence of an official
notification by the President and the Speaker of Parliament of Ukraine
notifying the Council of Europe of the imposition of a de jure moratorium
on executions, decides to reconsider the credentials of the Ukrainian
parliamentary delegation under Rule 6 (9).
13. When the credentials of the delegation are examined at one
of the next sittings of the Assembly or the Standing Committee,
it should be taken into account whether the Ukrainian authorities
have lifted the secrecy surrounding executions and have furnished
documentary and undeniable proof that a moratorium on executions
has been established in Ukraine.
