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Dáil Éireann debate -
Tuesday, 10 Feb 1998

Vol. 486 No. 6

Written Answers. - Judicial Executions.

Austin Deasy

Question:

140 Mr. Deasy asked the Minister for Foreign Affairs the number of executions carried out by the state in China in each of the past ten years; and the number of females included in these figures. [3439/98]

Statistics on the number of executions which take place annually are not made available by the Chinese authorities. Amnesty International issued a report last August, however, which estimated that during 1996 there were 6,100 death sentences imposed by Chinese courts of which 4,367 were carried out. No breakdown for those convicted between males and females was provided. It is believed that annual figures for executions in recent years have been of a similar order to the number given for 1996.

The US State Department report for 1997 on human rights practices in China, which was issued in Washington last month, stated that the lack of due process created a particular problem in relation to Chinese death penalty cases. A 1995 law raised the number of capital offences from 26 to 65 and included financial crimes such as counterfeiting currency, passing fake negotiable notes and letters of credit and illegal "pooling" of funds. In May 1996, the Chinese Supreme Court ruled that crimes resulting in death should be punished by death, regardless of extenuating circumstances.
Concern at the high level of death sentences in China was conveyed to the Chinese authorities by the EU in the course of a meeting of the EU-China Human Rights dialogue which took place in Beijing last December.

Austin Deasy

Question:

141 Mr. Deasy asked the Minister for Foreign Affairs the number of executions which were carried out by the state in the Ukraine in each of the past ten years; and the number of females, if any, which were executed. [3440/98]

The situation regarding executions in Ukraine is very difficult to verify. The Council of Europe has referred recently to a total figure of 180 executions in Ukraine for the two years 1996 and 1997. However there is no information on a gender basis. An Amnesty International report of 1997 referred to 809 death sentences in the previous six years since independence, and 451 executions.

The Council of Europe is at present looking into this very serious issue. Upon accession to the Council of Europe in November 1995 Ukraine undertook to put in place immediately a moratorium on executions and to abolish the death penalty completely within three years by ratifying Protocol No. 6 to the European Convention on Human Rights. In June 1996 the Parliamentary Assembly of the Council of Europe considered this issue following reports of continuing executions. Again in January 1997 the Parliamentary Assembly examined the matter and issued a stern warning to Ukraine. It deplored 89 executions which it believed to have taken place in the first half of 1996 and demanded that Ukraine immediately honour her accession commitments and halt any executions pending.

After the Assembly's warning it appeared that a moratorium on executions had effectively been put in place in March 1997, although this has proved difficult to verify. In May 1997 Ukraine signed Protocol No. 6 to the European Convention on Human Rights, abolishing the death penalty in peacetime. A draft Criminal Code of Ukraine which did not provide for the death penalty was submitted to Parliament in June 1997. Also submitted to Parliament in that month was a draft law on supplements and amendments to the Criminal Code of Ukraine abolishing the death penalty in peacetime. A draft law on ratification of Protocol No. 6 to the ECHR was submitted in October 1997. Parliament appears not to have adopted these laws and there are continuing reports of the death sentence being handed down.
In November 1997 the Parliamentary Assembly of the Council of Europe dispatched its Committee on Legal Affairs and Human Rights on a fact finding mission to Ukraine. It considered the committee's report at its session on 27 January last. In Resolution 1145 adopted on that occasion the Assembly indicted that it had received official confirmation that executions continued after January 1997 and that at least 13 executions took place. The Assembly has strongly condemned these executions and demanded that no more executions be carried out under any circumstances whatsoever. It has also instructed its Committee on Legal Affairs and Human Rights to evaluate the proof to be furnished by the Ukrainian authorities that a moratorium on executions has been established.
Ireland is deeply concerned at the situation concerning the death penalty in Ukraine. The Government will be working actively both within the Council of Europe and in contacts with the authorities of Ukraine to stress the importance of Ukraine abiding by its Council of Europe commitments concerning the death penalty and to urge it to avail of Council of Europe assistance and expertise to help it meet its commitments in this area.
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