Capital punishment has been completely abolished in all European countries except for Belarus and Russia, the latter of which has a moratorium and has not carried out an execution since September 1996. The complete ban on capital punishment is enshrined in both the Charter of Fundamental Rights of the European Union (EU) and two widely adopted protocols of the European Convention on Human Rights of the Council of Europe, and is thus considered a central value. Of all modern European countries, San Marino, Portugal, and the Netherlands were the first to abolish capital punishment, whereas only Belarus still practises capital punishment in some form or another. In 2012, Latvia became the last EU member state to abolish capital punishment in wartime. [1]
In Russia, capital punishment has been indefinitely suspended (under moratorium) since 1996. [2] [3]
Except for Belarus, which, most recently, carried out one execution in 2022, [4] the last execution in a European country occurred in Ukraine in 1997.
The Council of Europe has two main instruments against capital punishment: Protocol 6 and Protocol 13.
Protocol 6, opened for signing in 1983, which prohibits capital punishment during peacetime has been ratified by all members of the Council of Europe.
Protocol 13, opened for signing in 2002, prohibits capital punishment in all circumstances. All member states of the Council of Europe have ratified it except Azerbaijan, which have signed but not yet ratified. Still, Azerbaijan had already abolished capital punishment in 1998. Armenia is the latest country to ratify Protocol 13 in February 2024, having however abolished the death penalty since 2003. [5] [6]
The only country in Europe that continues to execute in the 21st century is Belarus (last execution done in 2022). [7]
No member of the Council of Europe has carried out executions in the 21st century. The last execution on the present day territory of the Council of Europe took place in 1997 in Ukraine. [8] [9]
Abolition has been common in European history, but has only been a real trend since the end of the Second World War when human rights became a particular priority. The Kingdom of Italy had abolished the death penalty for civilians with the adoption of the Zanardelli Penal Code of 1889 (previously it had not been applied in Tuscany alone since 1859, or even earlier, for brief periods starting in 1786), but the Fascists reintroduced capital punishment in 1926, then expanding its range of cases with the 1930 Penal Code.
The European Convention on Human Rights was adopted in 1950, but some countries took many years to ratify it. The United Kingdom retained the death penalty for high treason until 1998; however, this technicality was superseded by the absolute ban on the death penalty in 1976. William Joyce was the last person to be put to death for high treason in the UK, on 3 January 1946 at Wandsworth Prison.
A moratorium on the death penalty has been in place in Russia since 1 January 2010. According to the 19 November 2009 decision of the Constitutional Court of the Russian Federation, the death penalty shall not be practiced in Russia at any time before the ratification of the above-mentioned protocol. The Constitutional Court has also clarified that the decision is not an extension of the moratorium but the abolition of the capital punishment, since it will be no longer possible to practice it legally.
2009 was the first year that no one was executed anywhere in Europe, however in March 2010, Belarus executed the last two people on its death row. [10]
The European Union has long since been opposed to the death penalty, supporting the European Convention, and its 2000 Charter of Fundamental Rights included an absolute ban on the death penalty in all circumstances. The Charter has been made legally binding by the Treaty of Lisbon as it was fully ratified and became effective on 1 December 2009. [11] The treaty also has a provision for the EU to join the Council of Europe and accede to the European Convention on Human Rights. The EU has been an active promoter of abolition worldwide and has been promoting a United Nations moratorium on the death penalty; however some EU member state such as Poland have opposed such moves.[ citation needed ] The only member state to have performed executions in Europe whilst a Member of the EU or EEC is France, last shooting a prisoner in 1963 and last beheading one with the guillotine in 1977. The death penalty was abolished in France in 1981. All other states had effectively abolished Capital Punishment before joining the EU, at least in their metropolitan European Territory. Two hangings were carried out later in 1977 in Bermuda, a Special Territory of the EU as an Overseas Territory of the United Kingdom, (after the United Kingdom joined the EC in 1973). Due to later abolition dates in countries that joined later, there have been more recent executions in places that are now part of the EU, the most recent example being Latvia which shot a prisoner in 1996.
The Council of Europe has made abolition of the death penalty a prerequisite for membership. As a result, no execution has taken place on the territory of the organisation's member states since 1997. The Parliamentary Assembly of the Council of Europe continues to monitor the capital punishment issue. The current General Rapporteur on the abolition of the death penalty for the Parliamentary Assembly is German Member of Parliament Marina Schuster. [12]
Country | Method | Year of last use (peacetime) | Abolished (peacetime) | Year of last use (wartime) | Abolished (wartime) |
---|---|---|---|---|---|
![]() | Firing squad, hanging [13] | 1992 [14] | 2000 | ? | 2007 |
![]() | Garrotte, firing squad | 1943 | 1990 | ? | 1996? |
![]() | Single shot | 1991 | 2003 | ? | 2003 [15] |
![]() | Hanging | 1950 [16] | 1950 | ? | 1968? |
![]() | Single shot | 2022 [17] | – | ? | – |
![]() | Guillotine, firing squad | 1950 | 1996 | 1950 [18] | 1996 |
![]() | Firing squad | 1977 [19] | 2000 | ? | 2000? |
![]() | Firing squad | 1989 | 1998 | ? | 1998? |
![]() | Firing squad | 1987 | 1990 | ? | 1997? |
![]() | Hanging | 1962 | 2002 | ? | 2002? |
![]() | Hanging | 1989 | 1990 [20] | 1948 [21] | 1990 [20] |
![]() | Decapitation, firing squad | 1892 | 1930 | 1950 [22] | 1994 |
![]() | Single shot | 1991 | 1998 | ? | 1998? |
![]() | Firing squad, hanging | 1825 | 1949 | 1944 | 1972 |
![]() | Guillotine, firing squad | 1977 | 1981 [23] | 1961 | 1981 |
![]() | Guillotine, hanging, firing squad | 1951 [24] | 1981 | 1951 | 1987 |
![]() | Shooting | 1995 | 1997 | 1993 | 1997 |
![]() | Firing squad | 1972 | 1975 | ? | 2004 |
![]() | Hanging | 1988 | 1990 | ? | 1990 |
![]() | Public beheading | 1830 | 1928 | – | 1928 |
![]() | Hanging | 1954 | 1990 | 1922 | 2002 |
![]() | Firing squad | 1947 | 1948 | 1947 [25] | 1994 |
![]() | Firing squad | 1987 [26] | 1999 [27] | ? | 1999 [26] |
![]() | Shooting | 1996 | 1999 | ? | 2012 |
![]() | Public beheading | 1785 | 1989 | ? | 1989 |
![]() | Shooting | 1995 | 1996 | ? | 1998 [28] |
![]() | Hanging, firing squad [29] | 1948 [29] | 1979 [15] | 1949 [29] | 1979 [15] |
![]() | Hanging | 1943 | 1971 | 1942 | 2000 |
![]() | ? | None since independence [30] | 1995 [31] | None since independence [30] | 2005 [32] |
![]() | Guillotine | 1929 [33] | 1962 or 1964 [33] [34] | ? | 1962 or 1964 [34] [33] |
![]() | Firing squad | 1981 [35] | 2002 | None since independence | 2002 |
![]() | Hanging, firing squad | 1860 | 1870 | 1952 [36] | 1983 |
![]() | Firing squad | 1988 [16] | 1991 [37] | ? | 1991 [37] |
![]() | Beheading, firing squad | 1876 [38] | 1902 | 1948 [39] | 1979 |
![]() | Hanging | 1988 | 1997 [40] | ? | 1997 [40] |
![]() | Hanging, garrotte, firing squad | 1846 | 1867 | 1917 [16] | 1976 |
![]() | Firing squad | 1989 | 1990 | ? | 1991 |
![]() | Single shot | 1999 (in Chechnya) [41] [42] 1996 (mainland Russia) [3] | – [3] | ? | – [3] |
![]() | Hanging | 1468 [16] or 1667 [43] | 1848 | ? | 1865 |
![]() | Firing squad [44] | 1992 | 2002 | ? | 2002 |
![]() | Hanging | 1989 | 1990 [45] | None since independence | 1990 [45] |
![]() | Hanging | 1959 [46] | 1989 | ? | 1991 |
![]() | Garrotte, firing squad | 1975 | 1978 | 1939 | 1995 |
![]() | Guillotine, beheading, hanging | 1910 | 1921 | ? | 1973 |
![]() | Beheading, firing squad | 1940 | 1942 | 1944 [16] | 1992 |
![]() | Hanging | 1984 | 2002 | 1921 [47] | 2004 |
![]() | Single shot | 1997 [48] | 2000 [49] [50] | ? | 2000 [49] [50] |
![]() | Hanging | 1964 | 1965 (suspended) 1969 (abolished) | 1953 | 1998 |
![]() | Mazzatello, hanging, beheading, guillotine | 1870 (as Papal States) | 1969 | ? | 1969 |
Only used once, at the very last execution in Sweden Abandoned totally in 1930, however reintroduced 1945-1950 for certain collaborations with the occupying Nazi German forces between August 1943 and May 1945. Executions carried out by the police.
![]() | This section needs expansion. You can help by adding to it. (January 2021) |
Country | Method | Year of last use (peacetime) | Abolished (peacetime) | Year of last use (wartime) | Abolished (wartime) |
---|---|---|---|---|---|
![]() | Guillotine, single shot | 1981 | 1987 | 1945 | 1987 |
The only European country that executes criminals is Belarus, as that country is not part of the European Convention on Human Rights. Executions in Belarus are carried out by shooting.
Capital punishment in Russia has been indefinitely suspended, although it still remains codified in its law. There exists both an implicit moratorium established by the President Yeltsin in 1996, and an explicit one, established by the Constitutional Court of Russia in 1999 and which was most recently reaffirmed in 2009. Russia has not executed anyone in the Russian Federation since August or September 1996 [51] (except one in 1999 in the Chechen Republic, a former limited recognition state). However, Russia was suspended from the Council of Europe in the wake of its 2022 invasion of Ukraine, and subsequently announced its intention to withdraw from the organization before being effectively expelled, former President and Prime Minister Dmitry Medvedev endorsed restoring death penalty in Russia. [52] [53]
The death penalty in Bosnia and Herzegovina has been constitutionally abolished since 1995. However, it was only on 4 October 2019 that the capital punishment was completely erased from the Constitution of Republika Srpska, one of Bosnia and Herzegovina's two entities. While it was still in place, it was endorsed under Article 11 of the Constitution of Republika Srpska. [54]
In Europe there are also partially unrecognized states. In 2006, the Parliamentary Assembly of the Council of Europe wrote that:
While Artsakh abolished the death penalty on 1 August 2003, when it decided to implement the Republic of Armenia's new Criminal Code on its territory, the other territories, Abkhazia, Transnistria and South Ossetia, have not done so, retaining capital punishment in their legislation both in peacetime and in wartime. As South Ossetia decided in 1992 to make Russian legislation applicable on its territory, it has observed a moratorium on executions since 1996. The death penalty is in the Transnistrian Criminal Code which came into force in 2002. In July 1999, de facto President Smirnov ordered a moratorium on executions, and there is said to be only one prisoner on death row in Transnistria. [55]
Abkhazia formalized its moratorium in 2007, moving towards full abolition. On 12 January 2007 the parliament of Abkhazia adopted a law entitled "Moratorium on the Death Penalty", establishing a moratorium on executions during peacetime. Since 1993 the country has had a de facto moratorium on executions. [56] Although there have been 10 sentences of death in Abkhazia, these have never been implemented. [57]
The Turkish Republic of Northern Cyprus retains the death penalty only for crimes committed under special circumstances (war crimes). See also Capital punishment in Cyprus.
There is no death penalty in Kosovo. [58]
The Donetsk People's Republic introduced the death penalty in 2014 for cases of treason, espionage, and assassination of political leaders. There had already been accusations of extrajudicial execution occurring. [59] [60]
The Luhansk People's Republic introduced the death penalty on 26 September 2014 in cases of homosexual rape. [60]
Despite the fact that in Europe nearly all nations don't have the capital punishment, polling has found many nations in Europe have majority support for it and its return.
In 2015 a Poll found that 70% of Estonians are in favor of death penalty, this is an increase of support from then 62% in a 2010 poll. [61]
In 2020, a Ipsos/Sopra Steria survey showed that 55% of the French people support re-introduction of the death penalty. This was an increase. [62]
In April 2021 a poll found that 54% of Britons said they would support reinstating the death penalty for those convicted of terrorism in the United Kingdom. About a quarter (23%) of respondents said they would be opposed. [63]
In Hungary 76% [64] and Serbia 58% [65] have majority in support for the death penalty.
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Capital punishment, also called the death penalty, is the state-sanctioned killing of a person as a punishment for a crime. It has historically been used in almost every part of the world. Since the mid-19th century many countries have abolished or discontinued the practice. In 2022, the five countries that executed the most people were, in descending order, China, Iran, Saudi Arabia, Egypt, and the United States.
Capital punishment is a legal penalty in Belarus. At least one execution was carried out in the country in 2022.
Capital punishment is a legal penalty in Russia but is not used due to a moratorium and no death sentences or executions have been carried out since 2 August 1996. Russia has had an implicit moratorium in place since one was established by President Boris Yeltsin in 1996, and explicitly established by the Constitutional Court of Russia in 1999 and reaffirmed in 2009.
The use of capital punishment in Italy has been banned since 1889, with the exception of the period 1926–1947, encompassing the rule of Fascism in Italy and the early restoration of democracy. Before the unification of Italy in 1860, capital punishment was performed in almost all pre-unitarian states, except for Tuscany, where, starting from 1786, it was repeatedly abolished and reintroduced. It is currently prohibited by the Constitution of the Italian Republic with no more exceptions even in times of war.
Capital punishment in Armenia was a method of punishment that was implemented within Armenia's Criminal Code and Constitution until its eventual relinquishment in the 2003 modifications made to the Constitution. Capital punishment's origin in Armenia is unknown, yet it remained present in the Armenia Criminal Code of 1961, which was enforced and applied until 1999. Capital punishment was incorporated into Armenian legislation and effectuated for capital crimes, which were crimes that were classified to be punishable by death, including treason, espionage, first-degree murder, acts of terrorism and grave military crimes.
Capital punishment in Georgia was completely abolished on 1 May 2000 when the country signed Protocol 6 to the ECHR. Later Georgia also adopted the Second Optional Protocol to the ICCPR. Capital punishment was replaced with life imprisonment.
Capital punishment in modern Greece was carried out using the guillotine or by firing squad. It was last applied in 1972 during the military junta. The death penalty was abolished in stages between 1975 and 2005.
Capital punishment was completely abolished in Hungary on 24 October 1990 by the Constitutional Court. A month later on 1 December 1990, Protocol 6 to the ECHR came into force. Hungary later adopted the Second Optional Protocol to the ICCPR as well. The last condemned man to be executed, Ernő Vadász, was hanged for the crime of murder on 14 July 1988. In April 2015, following the murder of a woman in southern Hungary, Prime Minister Viktor Orbán suggested that Hungary must reinstate capital punishment. This statement caused a strong reaction from EU officials, and Orbán had to retract as a result. The European Union holds a strong opposition against the death penalty in its relation to the Action Plan on Human Rights and Democracy.
At Italy's instigation, a resolution for a moratorium on the death penalty was presented by the European Union in partnership with eight co-author member States to the General Assembly of the United Nations, calling for general suspension of capital punishment throughout the world. It was approved on 15 November 2007 by the Third Committee, and then subsequently adopted on 18 December by the United Nations General Assembly resolution 62/149. New Zealand played a central role facilitating agreement between the co-author group and other supporters.
Capital punishment is legal in Tonga, but has not been imposed since 1982. The country's lack of executions puts it into the category of a state abolitionist in practice, where it retains the death penalty in law but has had a formal or informal moratorium for at least ten years. Tonga's low rate of murder convictions forms part of the reason for the lack of executions, as well as its courts’ apparent unwillingness to impose the penalty unless it appears absolutely necessary to do so.
Capital punishment is no longer applied in San Marino: the last execution was carried out in 1468 or in 1667, by hanging.
Capital punishment in Peru was last used in 1979. In the same year, the death penalty was abolished for ordinary crimes. Peru is one of seven countries that has abolished capital punishment for "ordinary crimes only." Peru voted in favor of the United Nations moratorium on the death penalty in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. Peru is not a signatory to the Second Optional Protocol to the International Covenant on Civil and Political Rights.
Capital punishment in Kazakhstan was abolished for all crimes in 2021. Until 2021, it had been abolished for ordinary crimes but was still permitted for crimes occurring in special circumstances. The legal method of execution in Kazakhstan had been shooting, specifically a single shot to the back of the head.
Capital punishment in Luxembourg was abolished for all crimes in 1979.
Capital punishment in North Macedonia is prohibited by its Constitution.
Capital punishment in Chile is legally sanctioned, albeit with significant limitations. Since its abolition for civilian offenses in 2001, its application has been restricted to military personnel convicted of war crimes and crimes against humanity committed during wartime. This places Chile among the seven countries globally that have abolished capital punishment solely for ordinary crimes.
Capital punishment in Burkina Faso has been abolished. In late May 2018, the National Assembly of Burkina Faso adopted a new penal code that omitted the death penalty as a sentencing option, thereby abolishing the death penalty for all crimes.
Capital punishment in Gabon was officially abolished for all crimes in 2010. Gabon's last execution took place in 1985. Prior to abolition, Gabon was classified as de facto abolitionist, or "abolitionist in practice," due to the length of time since their last execution.