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Death Penalty.

Dáil Éireann Debate, Wednesday - 19 May 2004

Wednesday, 19 May 2004

Questions (32, 33)

Michael Noonan

Question:

18 Mr. Noonan asked the Minister for Foreign Affairs his views on the adoption by the United Nations Commission on Human Rights of a resolution against the death penalty; and if he will make a statement on the matter. [14505/04]

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Seán Ryan

Question:

70 Mr. S. Ryan asked the Minister for Foreign Affairs if in regard to his statement welcoming the adoption by the UN Commission on Human Rights or a resolution opposing the death penalty, he intends to make representations to the major users of the death penalty, such as the United States and China, seeking the end to the practice; and if he will make a statement on the matter. [14568/04]

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Written answers

I propose to take Questions Nos. 18 and 70 together.

As I have previously stated in this House, the Government is adamantly opposed to the use of the death penalty and accordingly seeks its universal abolition. We believe that its abolition would contribute to the enhancement of human dignity and the progressive development of human rights.

As Deputies will be aware, the resolution on the death penalty is an annual initiative presented by the European Union. Ireland, as Presidency of the European Union, had the responsibility of introducing and ensuring its adoption by the Commission on Human Rights, which is the primary UN body with responsibility for human rights.

I very strongly welcome the adoption of the resolution, which calls for the complete abolition of the death penalty and, in the meantime, a moratorium on executions in those states which still maintain it. The resolution was adopted with a record number of member states of the Commission on Human Rights voting in favour of it. The outcome is a demonstration of the growing support within the international community for the EU's policy of opposition to the death penalty in all circumstances. It is also a sign of the growing international trend in favour of the abolition of the death penalty.

Deputies will be aware of the efforts we have made in conjunction with our EU partners, and in accordance with the common EU guidelines on the issue of the death penalty, to seek its universal abolition. The EU guidelines adopted in 1998 set out clearly the common EU position on the use of the death penalty. These guidelines form the basis for Ireland's concerted interventions, along with other EU member states, in death penalty issues. In addition to interventions on the use of the death penalty in principle, it has also been agreed that, where the facts of individual cases suggest a violation of basic minimum standards under international law, the Union will consider making a specific intervention. The Government is of the view that an EU intervention on this issue carries significantly greater force than individual bilateral intervention. On the basis of the guidelines the EU has pressed for abolition and has also undertaken démarches on the use of the death penalty in many countries, including the United States and China.

Since the beginning of the Irish Presidency the EU has made known its concerns on a number of occasions regarding the use of the death penalty in the US. The EU has regularly raised the death penalty issue in its human rights troika meetings with the US. The EU has also intervened in a number of individual death penalty cases at both federal and state level. It is currently finalising an amicuscuriae brief in connection with a death penalty case under consideration by the US Supreme Court.

The issue of the death penalty in China has also been pursued. The use of the death penalty in China is a major item on the agenda of each session of the EU-China dialogue, the most recent meeting of which took place on 26 and 27 February in Dublin. The EU also makes démarches about individual cases of special concern. The EU also expressed its concerns about the use of the death penalty in China during the recently concluded session of the Commission on Human Rights.

During the remainder of our Presidency, the issue of the death penalty will continue to be a priority for the EU. The EU will continue to monitor death penalty cases worldwide and make interventions as appropriate.

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