Capital punishment and our common values: The European view

For us, the death penalty is too inhuman and degrading a punishment for any human being. It has been proven over and over again that the death penalty does not make a society more secure, nor does it ensure heinous crimes are not committed. Moreover, as erring is human, the number of innocent persons having been executed or falsely sentenced to death is truly substantial. In the U.S. alone — despite its elaborate judicial system — more than 90 persons have been cleared of all charges after having received initial death sentences.

Europeans believe the elimination of the death penalty is fundamental to the protection of human dignity. Human dignity is the core value of the Western, Judeo-Christian civilization with its humanistic tradition, which we are proud of on both sides of the Atlantic. For Christians, the abolishment of the death penalty is a response to the divine commandment, “Thou shalt not kill.” Capital punishment is not only appalling and inhuman, but also reflects a thinking of the past.

The ius talionis of ancient times (“an eye for an eye”) should clearly no longer serve as a guideline of punishing criminals in our times. It was, after all, an Austrian, Grand Duke Leopold who, for the first time in history, permanently abolished capital punishment in 18th century Tuscany. This abolition is celebrated annually on Nov. 30 in 300 cities worldwide as the Cities for Life Day.

In Europe, 46 of the 47 member states of the Council of Europe have abolished the death penalty. In fact, nowadays abolition of capital punishment is a requirement of membership both for the European Union and the Council of Europe. Europeans firmly believe it is not possible to accommodate capital punishment with a liberal and democratic constitution and human treatment of offenders. There never was and never will be a humane execution.

U.S. death sentences in cases involving foreigners who had been denied the right of access to consular support have led to a number of judgments and decisions by the International Court of Justice, finding the U.S. in breach of international law and requiring the United States to ensure that such support can be given in each of the U.S. states. In the past few years, several attempts to rectify this situation — by executive order of the president or legislation by Congress — have been undertaken, but have yet failed to result in a solution. While this continues to potentially jeopardize the prospects of defendants in US courts, it may also put at risk the security of U.S. citizens in countries that may consider treating them in their countries the same way their citizens are treated here. It thus appears that the continuation of this situation goes against fundamental U.S. interests.

Besides the more philosophical arguments, the real danger of mistrials resulting in the killing of innocent people, the costly procedure involving many courts and lasting many years, the possibility of a life without parole sentence could lead to a rethinking of the issue on this side of the Atlantic. After all, at present, as far as the numbers of executions are concerned, the U.S. finds itself in fifth place in the company of China, Iran, Saudi-Arabia and Pakistan. 

The death penalty is not a necessity; favoring it is an attitude. Attitudes can be changed through education and leadership. We have seen this with regard to slavery, racism and anti-Semitism. But real leadership takes courageous persons. Fundamental values have to do with life and death. We should not take these issues lightly.

Christian Prosl is the ambassador of Austria, a member state of the European Union