MOTION FOR A RESOLUTION on death penalty legal in the Republic of Korea

9.3.2010

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 122 of the Rules of Procedure

Hannes Swoboda, David Martin, George Sabin Cutaş, Peter Simon on behalf of the S&D Group

See also joint motion for a resolution RC-B7-0191/2010

B7‑0193/2010

European Parliament resolution on death penalty legal in the Republic of Korea

The European Parliament,

–  having regard to its previous resolutions on the death penalty, and its resolutions in favour of a universal moratorium on the death penalty of 29 January 2007 and 27 September 2007 in particular,

 

–  having regard to the Guidelines on EU policy towards third countries on the death penalty adopted on 3 June 1998,

 

–  having regard to the opening address of Mr José Luis Rodríguez Zapatero, and the final declaration of the 4th World Congress against the Death Penalty of 24-26 February 2010,

–  having regard to Rule 122 of its Rules of Procedure,

A. whereas the Constitutional Court of the Republic of Korea ruled on 25 February 2010 that the capital punishment as prescribed by Article 41 of the Penal Code is not in violation of the Constitution of the Republic of Korea,

 

B. whereas the Constitutional Court's decision followed the petition of a 72 year-old Korean man convicted of killing four tourists in 2007, who claimed that capital punishment infringed his constitutional guarantee of dignity,

 

C. whereas the Constitutional Court's ruling was acquired by a vote of five in favour to four dissenting votes, fourteen years since a vote by the Constitutional Court confirmed the constitutionality of capital punishment, by seven votes to two, in 1996,

 

D. whereas the Republic of Korea has 57 prisoners with confirmed death sentences, with a further two sentences pending confirmation following appeal, but has not carried out any executions since 1998 and is therefore considered de facto abolitionist,

 

E. whereas a clear majority of the countries of the world have now completely abolished capital punishment de jure or imposed de facto moratoria on executions, making for over two-thirds of the international community,

 

F. whereas the abolition of the death penalty is a fundamental value of the European Union,

 

1. Welcomes the fact that the Republic of Korea has not carried out any executions since 1998, making it a de facto abolitionist country;

 

2. Takes note of the split ruling of the Constitutional Court of the Republic of Korea of 25 February 2010 confirming the constitutionality of capital punishment by five votes to four, and of the Justices' opinions, both majority and dissenting, expressed therein;

 

3. Trusts that the Court's decision, and the Justices' opinions both majority and dissenting, will serve as a step towards the complete abolition of the capital punishment system in the Republic of Korea;

 

4. Shares the view that the National Assembly of the Republic of Korea is the appropriate forum for the amendment and, ultimately, complete abolition of the capital punishment system through legislation, rather than through constitutionality trials;

 

5. Calls on the Government of the Republic of Korea to join the European Union in supporting forthcoming United Nations initiatives in favour of moratoria on the death penalty worldwide;

 

6. Instructs its President to forward this resolution to the Council, the Commission, the EU Member States, and the Government of the Republic of Korea and the National Human Rights Committee of Korea (NHRCK).