Abolition of death penalty and fight against torture

The European Union is strongly opposed to the death penalty. The application of the death penalty is cruel and inhuman, a violation of the right to life and does not act as a deterrent to crime. The death penalty is discriminatory: it disproportionately affects minorities, the poor and those in most vulnerable situations.

The prohibition of torture and other cruel, inhuman or degrading treatment is absolute in international law. The EU's strong commitment to the fight against torture and ill-treatment is enshrined in the European Union Treaties and Charter of Fundamental Rights.

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Navigate the topic Abolition of the death penalty

The European Union is strongly opposed to the death penalty. The death penalty is incompatible with human dignity and the inalienable right to life. It violates the right to live free from torture or cruel, inhuman or degrading treatment or punishment. There is no evidence to suggest that it acts as a deterrent to crime.

Where retained, it can become a tool for instilling fear, repressing opposition, and quashing the legitimate exercise of human rights, such as the rights to the freedoms of expression, association and assembly.

In-compliance with the principle of non-discrimination remains of huge concern when considering the application of the death penalty. Data suggests discrimination in the application of the death penalty, including on the basis of poverty, economic vulnerability, political opinion, sexual orientation or gender identity, sex, psychosocial disability, and other grounds. Furthermore, no justice system is perfect and free from wrongful convictions. Yet, death penalty sentences remain hard to overturn and the death penalty remains irreversible.

Huge progress has been made towards achieving full-world abolition. Today, two thirds of all the world’s countries have abolished capital punishment in law or practice. The General Assembly also made history in December last year when a record 125 nations voted in favour of its resolution calling for a global moratorium on the use of the death penalty with a view towards its ultimate abolition.

EU as a leading actor to eradicate death penalty

The EU is a leading political actor and the world’s largest donor in the fight against the death penalty. The EU remains committed to working towards the abolition in the countries that still make use of the capital punishment – including by working together with duty bearers to explore alternatives to the death penalty and by supporting rights holders.

In line with the EU Guidelines on Death Penalty, the EU consistently raises the issue in political or human rights dialogues with countries that still use capital punishment. It encourages abolition of death penalty, or as a first step the introduction of a moratorium on the use of death penalty.

International law severely restricts the conditions under which the death penalty may be applied. The EU continues to call for the respect of these international minimum standards by countries still using this inhuman punishment, including that the death penalty should be imposed only for the most serious crimes and that international due process safeguards must be fully observed. The EU calls on all retentionist States to promote an open and democratic debate towards the abolition of the death penalty. With this in mind, States should improve transparency and access to accurate information on death penalty procedure, policy, and practice.