MOTION FOR A RESOLUTION

14 November 2005

with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 115 of the Rules of Procedure
by Carlos José Iturgaiz Angulo, José Ignacio Salafranca Sánchez-Neyra, José Javier Pomés Ruiz, Simon Coveney and Bernd Posselt
on behalf of the EPP-ED Group
on Philippines death penalty

NB: This motion for a resolution is available in the original language only.

B6-0598/2005

European parliament resolution on Philippines death penalty

The European Parliament,

– having regard to its previous resolutions calling for the abolition of the death penalty and

for a moratorium on executions in the meantime,

-having regard its annual report on the Human rights situation in the World 2004 ( Coveney Report).

– having regard to the EU guidelines on the death penalty adopted by the Council on

6 June 1998,

– having regard to the Commission Communication of 8 May 2001 on the European

Union's role in promoting human rights and democratisation in third countries

(COM(2001) 252), which identifies the abolition of the death penalty as one of the

thematic priorities for assistance under the European Initiative for Democracy and Human

Rights,

- having regard to the President of the European Commission and the President of the European Parliament letters asking for a revision of the trial of Francisco Larrañaga,

- having regard to Rule 115 of the Rules of Procedure,

A. whereas former Philippines President Estrada implemented a moratorium on the death penalty in March 2000,

B. whereas current President Macapagal Arroyo announced the lifting of this moratorium as of 1 January 2004,

C. whereas about a thousand prisoners are currently being held under sentence of death in the

Philippines, amongst which the European citizen Francisco Larrañaga accused of rape and murder,

D. Whereas the alleged violations of international fair trial standards in the judgment of the Supreme Court dated 3 February 2004, condemning Francisco Larrañaga to death penalty,

E. Whereas the death sentence on Francisco Larrañaga was confirmed in July 2005 and that there are no further possibilities for appeal,

1. Endorses all international initiatives which would lead to the abolition of capital punishment worldwide namely United Nations Commission on Human Rights resolution n. 2005/59 on "The question of the death penalty" and The Second Optional Protocol to the International Covenant on Civil and Political Rights, and reiterates its call for the universal abolition of the death penalty, and in the meantime for the establishment of a moratorium on executions;

2. Calls on the President of the Philippines to reinstate the moratorium on the death penalty;

3. Asks the President of the Philippines to commute Francisco Larrañaga's death penalty,

4. Insta a la Comisión y al Consejo que lleven a cabo cuántas iniciativas sean necesarias para impedir que se produzca la ejecución de este ciudadano de la Unión europea.

5. Solicita la revisión del procedimiento judicial que ha conducido a que se dictara la pena capital en este caso y exige la celebración de un juicio justo en el que se respeten todas las garantías jurídicas, penales y jurisdiccionales.

6. Calls on the Council and the Commission to consider the abolition of the death penalty and a universal moratorium on executions as an essential element in relations between the EU and third countries, raising this issue when concluding or renewing agreements with third countries;

7. Instructs its President to forward this resolution to the Council, the Commission and the government of the Philippines.