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pursuant to Rule 115 of the Rules of Procedure
by Sarah Ludford on behalf of the ALDE Group
on death penalty for European citizen in the Philippines

Proċedura : 2005/2647(RSP)
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European Parliament resolution on Death penalty for a European citizen in the Philippines

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 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 letter from the President of the European Commission and the President of the European Parliament asking for a revision of the trial of Francisco Larrañaga,

- having regard to Rule 115(5) of its 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, among whom is the European citizen Francisco Larrañaga, accused of rape and murder,

D. whereas there were 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 Francisco Larrañaga was sentenced to death only on the evidence of a notorious criminal to whom immunity was granted immediately after his declaration,

F. whereas the Supreme Court of the Philippines chose to ignore numerous international petitions on the case of Francisco Larrañaga,

G. whereas the sentence of death on Francisco Larrañaga was confirmed in July 2005 and there is no possibility for an appeal,

1. Endorses all international initiatives which would lead to the abolition of capital punishment worldwide namely the 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 reverse her decision to end the moratorium on the death penalty;

3. Asks the President of the Philippines to recognise that there has been a miscarriage of justice in the case of Francisco Larrañaga, and to reprieve him;

4. Calls on the Filipino authorities to put an end to the severe judicial corruption which is endangering innocent lives;

5. 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, and to raise this issue when concluding or renewing agreements with third countries;

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