EU Policy On The Death Penalty

 

 

Washington D.C., May 1, 2001

The Honorable George H. Ryan
The Governor of Illinois

Governor's Office
207 Statehouse
Springfield, IL 62706

Dear Governor:

Representing the European Union, Sweden, as the current President, together with Belgium, the subsequent President, and the European Commission, would like to commend you once again for your decision last year to declare a moratorium on all pending executions in the State of Illinois while conducting studies on the application of the death penalty. We encourage you, as a matter of principle, to maintain the moratorium indefinitely.

As stated in the EU Memorandum on the Death Penalty, which was shared with you last March (it can also be found on the web page http://www.eurunion.org/legislat/DeathPenalty/eumemorandum.htm), the European Union opposes the death penalty in all cases and accordingly works towards its universal abolition or at least the introduction of moratoria on executions as a first step towards that aim. The risk of sentencing innocent individuals to death is one of the main factors underlying the EU's position on the death penalty.

A related matter of concern for the EU is the compliance with the Vienna Convention on Consular Relations of 1963. The right to consular notification according to Article 36 of the Convention is intended to redress the inherent disadvantages facing detained foreign nationals in any country. We are convinced that observance of the safeguards provided by this Convention is essential and may be decisive, not the least in capital cases.

It has come to the attention of the EU that Mr. Gregory Madej, a citizen of Poland (an Associate Member of the EU), was sentenced to death in 1982 without having been advised of his right to contact the Polish Consulate for assistance, as required by the Vienna Convention on Consular Relations. The Polish authorities were not able to provide Mr. Madej with assistance within the legal time bar, because they did not learn about the detention until 1998. We also note that in August 2000, despite an admitted Vienna Convention violation, the Illinois Supreme Court upheld the death sentence of Mr. Madej by a 4-3 vote.

Due to the violation of the Vienna Convention of Consular Relations - which is a ratified international treaty - the European Union respectfully appeals to you, Governor, to exercise all powers invested in your office to support the granting of relief from the death penalty in this case.

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Embassy of Sweden,
1501 M Street, N.W.,
Washington DC 20005
tel: (202) 467-2600, fax: (202) 467-2699
Homepage: www.swedenemb.org