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The Council of Europe has two main instruments against capital punishment: Protocol 6 and Protocol 13. [5] [6]Protocol 6, opened for signing in 1983, which prohibits capital punishment during peacetime has been ratified by all members of the Council of Europe.
Of all present European countries, San Marino, Portugal and the Netherlands were the first to abolish capital punishment; Romania banned it even earlier in 1864, but it was much later reintroduced from 1936 to 1990 during the dictatorial and communist eras; in Italy the nationwide ban on the death penalty dates from 1889 (capital punishment had ...
In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. [10] The Council of Europe , which has 46 member states, has worked to end the death penalty and no execution has taken place in its current member states since 1997.
Capital punishment is retained in law by 55 UN member states or observer states, with 140 having abolished it in law or in practice.The most recent legal executions performed by nations and other entities with criminal law jurisdiction over the people present within its boundaries are listed below.
The first modern abolition of capital punishment was in Tuscany in 1786. [citation needed] In Europe, the 19th and early 20th centuries saw a shift away from the spectacle of public capital punishment and toward private executions and the deprivation of liberty (e.g. incarceration, probation, community service, etc.). [25]
Capital punishment (trest smrti in Czech) is forbidden by the Charter of Fundamental Rights and Freedoms of the Czech Republic (part of the constitutional law of the Czech Republic) and is simultaneously prohibited by international legal obligations arising from the Czech Republic's membership in both the Council of Europe and the European ...
Capital punishment in Germany has been abolished for all crimes, and is now explicitly prohibited by the constitution. It was abolished in West Germany in 1949, in the Saarland in 1956 (as part of the Saarland joining West Germany and becoming a state of West Germany ), and East Germany in 1987.
Then a new clause allowing for capital punishment "as the penalty for murder of a police or prison officer" was rejected by 208 to 332. [106] Finally, a new clause allowing capital punishment "as the penalty for murder in the course of robbery and burglary which involves the use of offensive weapons" was rejected by 151 to 331. [107]