Capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
has been completely abolished in all
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a subcontinent of Eurasia and it is located entirel ...
an countries except for
Belarus
Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by ...
and
Russia
Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
, the latter of which has a moratorium and has not conducted an execution since September 1996. The complete ban on capital punishment is enshrined in both the
Charter of Fundamental Rights
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclai ...
of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
(EU) and two widely adopted protocols of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
of the
Council of Europe, and is thus considered a central value. Of all modern European countries,
San Marino
San Marino (, ), officially the Republic of San Marino ( it, Repubblica di San Marino; ), also known as the Most Serene Republic of San Marino ( it, Serenissima Repubblica di San Marino, links=no), is the fifth-smallest country in the world an ...
,
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, and the
Netherlands
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were the first to abolish capital punishment, whereas only Belarus still practises capital punishment in some form or another. In 2012,
Latvia became the last EU member state to abolish capital punishment in wartime.
In
Russia
Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
, capital punishment has been indefinitely suspended (under
moratorium) since 1996.
[The Constitutional Court forbids death penalty use in Russia](_blank)
Lenta.Ru
''Lenta.ru'' (russian: Лента.Ру; stylised as LƐNTA.RU) is a Russian-language online newspaper. Based in Moscow, it is owned by Rambler Media Group. In 2013, the Alexander Mamut-owned companies "SUP Media" and "Rambler-Afisha" merged to ...
, 11 November 2009
Except for Belarus, which, most recently, carried out one execution in 2021, the last execution occurred in
Ukraine
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
in 1997.
Abolition
Legal instruments in Europe
The
Council of Europe has two main instruments against capital punishment: Protocol 6 and Protocol 13.
Protocol 6 opened for signing in 1983, which prohibits capital punishment during peacetime has been ratified by all members of the Council of Europe, except Russia (which has signed, but not ratified).
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 and Russia (the later was eventually expelled from the organization due to its
2022 invasion of Ukraine
On 24 February 2022, in a major escalation of the Russo-Ukrainian War, which began in 2014. The invasion has resulted in tens of thousands of deaths on both sides. It has caused Europe's largest refugee crisis since World War II. An ...
), which have not signed it, and Armenia, which has signed but not yet ratified. Armenia and Azerbaijan have abolished capital punishment.
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
is the latest country to ratify Protocol 13 in May 2014.
The 21st century
The only country in Europe that continues to execute in the 21st century is Belarus (last execution done in 2021).
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.
History
Abolition has been common in European history, but has only been a real trend since the end of the
Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
when
human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
became a particular priority. The
Kingdom of Italy
The Kingdom of Italy ( it, Regno d'Italia) was a state that existed from 1861, when Victor Emmanuel II of Sardinia was proclaimed King of Italy, until 1946, when civil discontent led to an institutional referendum to abandon the monarchy and f ...
had abolished the death penalty for civilians with the adoption of the
Zanardelli Penal Code
The Italian Penal Code of 1889, commonly known as the Zanardelli Code ( it, Codice Zanardelli), was the penal code in effect in the Kingdom of Italy from 1890 to 1930, and it is still in effect in Vatican City. The Zanardelli code gets its name fr ...
of 1889, but the
Fascists had reintroduced it with the 1930 Penal Code.
The
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
was adopted in 1950, but some countries took many years to ratify it. The United Kingdom retained the death penalty for
high treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
until 1998; however, this technicality was superseded by the absolute ban on the death penalty in 1976.
William Joyce
William Brooke Joyce (24 April 1906 – 3 January 1946), nicknamed Lord Haw-Haw, was an American-born fascist and Nazi propaganda broadcaster during the Second World War. After moving from New York to Ireland and subsequently to England, ...
was the last person to be put to death for high treason in the UK, on 3 January 1946 at
Wandsworth Prison
HM Prison Wandsworth is a Prison security categories in the United Kingdom, Category B men's prison at Wandsworth in the London Borough of Wandsworth, South West (London sub region), South West London, England. It is operated by His Majesty's Pri ...
.
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
Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by ...
executed the last two people on its death row.
[Phillips, Leigh (30 March 2010]
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
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclai ...
included an absolute ban on the death penalty in all circumstances. The Charter has been made legally binding by the
Treaty of Lisbon
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member s ...
as it was fully ratified and became effective on 1 December 2009. 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
At Italy's instigation, the UN moratorium on the death penalty resolution was presented by the EU in partnership with eight co-author member States to the General Assembly of the United Nations, calling for general suspension (not abolition) ...
; however some EU member state such as
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
have opposed such moves. The only member state to have performed executions in Europe whilst a Member of the EU or EEC is
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
, 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 a
Bermuda
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, a Special Territory of the EU as a UK Overseas Territory, (after the UK 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
The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law.
The Assembly is made up ...
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.
Only used once, at the very last execution in Sweden
Former countries
Belarus
The only European country that executes criminals is
Belarus
Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by ...
, as that country is not part of the European Convention on Human Rights. Executions in Belarus are carried out by shooting.
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
Boris Nikolayevich Yeltsin ( rus, Борис Николаевич Ельцин, p=bɐˈrʲis nʲɪkɐˈla(j)ɪvʲɪtɕ ˈjelʲtsɨn, a=Ru-Boris Nikolayevich Yeltsin.ogg; 1 February 1931 – 23 April 2007) was a Soviet and Russian politician wh ...
in 1996, and an explicit one, established by the
Constitutional Court of Russia
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princi ...
in 1999 and which was most recently reaffirmed in 2009. Russia has not executed anyone in the Russian Federation since August or September 1996 (except one in 1999 in the
Chechen Republic
Chechnya ( rus, Чечня́, Chechnyá, p=tɕɪtɕˈnʲa; ce, Нохчийчоь, Noxçiyçö), officially the Chechen Republic,; ce, Нохчийн Республика, Noxçiyn Respublika is a republic of Russia. It is situated in the ...
, a former limited recognition state). However, Russia was suspended from the Council of Europe in the wake of its
2022 invasion of Ukraine
On 24 February 2022, in a major escalation of the Russo-Ukrainian War, which began in 2014. The invasion has resulted in tens of thousands of deaths on both sides. It has caused Europe's largest refugee crisis since World War II. An ...
, and subsequently announced its intention to withdraw from the organization before being effectively exepelled, former President and Prime Minister
Dmitry Medvedev endorsed restoring death penalty in Russia.
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
Republika Srpska ( sr-Cyrl, Република Српска, lit=Serb Republic, also known as Republic of Srpska, ) is one of the two entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina. It is locat ...
, 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.
Separatist territories and partially recognized jurisdictions
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
Transnistria, officially the Pridnestrovian Moldavian Republic (PMR), is an unrecognised breakaway state that is internationally recognised as a part of Moldova. Transnistria controls most of the narrow strip of land between the Dniester riv ...
and South Ossetia
South Ossetia, ka, სამხრეთი ოსეთი, ( , ), officially the Republic of South Ossetia – the State of Alania, is a partially recognised landlocked state in the South Caucasus. It has an officially stated populat ...
, 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.
Abkhazia formalized its moratorium in 2007, moving towards full abolition. On 12 January 2007 the parliament of Abkhazia adopted a law entitled "Moratorium on the Death Penalty", establishing a moratorium on executions during peacetime. Since 1993 the country has had a ''de facto'' moratorium on executions. Although there have been 10 sentences of death in Abkhazia, these have never been implemented.
The
Turkish Republic of Northern Cyprus
Northern Cyprus ( tr, Kuzey Kıbrıs), officially the Turkish Republic of Northern Cyprus (TRNC; tr, Kuzey Kıbrıs Türk Cumhuriyeti, ''KKTC''), is a ''de facto'' state that comprises the northeastern portion of the island of Cyprus. Reco ...
retains the death penalty only for crimes committed under special circumstances (war crimes). See also
Capital punishment in Cyprus
Capital punishment for murder was abolished in Cyprus on 15 December 1983. It was abolished for all crimes on 19 April 2002. The death penalty was replaced with life imprisonment. Cyprus is a signatory of the second optional protocol of the Inter ...
.
There is no death penalty in
Kosovo
Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a partially recognised state in Southeast Euro ...
.
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
An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether ...
occurring.
The
Luhansk People's Republic
The Luhansk or Lugansk People's Republic (russian: Луга́нская Наро́дная Респу́блика, Luganskaya Narodnaya Respublika, ; abbreviated as LPR or LNR, rus, ЛНР) is a disputed entity created by Russian-backed ...
introduced the death penalty on 26 September 2014 in cases of homosexual rape.
See also
*
Use of capital punishment by country
Capital punishment, also known as the death penalty, is a state-sanctioned practice of killing a person as a punishment for a crime. Historically, capital punishment has been used in almost every part of the world. Currently, the large majority ...
*
Capital punishment abolitionism
*
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
References
External links
Amnesty International – Abolitionist and Retentionist CountriesAmnesty International – Ratification of International Treaties
{{Capital punishment in Europe
Capital punishment
Politics of Europe
Law enforcement in Europe
Human rights