The European Parliament,

A) Having learned that the Congress of the United States has ruled that a referendum be held on 3 November in the District of Columbia (one of the 15 courts which have still not reinstated capital punishment after its suspension in 1972) on the reintroduction of the death penalty on that territory, to coincide with the presidential elections;

B) Having regard to Articles 3 and 4 of the Universal Declaration of Human Rights,

C) Having regard to the European Convention on human rights and Article 1 of the Additional Protocol of such Convention, in effect as of 1985;

D) Having regard to article 6 of the International Agreement on civil and political rights and to the Second Additional Protocol adopted in 1989 by the UN General Assembly;

E) having regard to Article 4 of the U.S. Convention on human rights;

E) referring to its resolution on the death penalty passed on 12/3/92;

1) Calls on the Congress of the United States and on the competent authorities of the District of Columbia to cancel the aforementioned referendum;

2) believes that no State, and especially no democratic State, can decide on the life of its citizens or of other persons living on its territory, providing for the death penalty in its legal system as a consequence of crimes, even if very serious ones;

3) believes that the reintroduction of the death penalty, as proposed in the District of Columbia, which has raised to 14 the aggravating circumstances which imply the death penalty for murder, is in patent conflict with the U.S. Convention on human rights, which establishes not to extend capital punishment to crimes for which it was not applied until that moment;

4) believes that the commitment to operate for the abolition of the death penalty wherever it is provided for and applied may be considered a legitimate duty;

5) believes that in a democratic State the reintroduction of the death penalty should never be the subject of a referendum;

6) believes that the referendum to be held in parallel with the presidential elections will afford them a lugubrious and ferocious instrument of demagogy.

7) Calls on the Council and on the foreign ministers of the European Political Cooperation to forward to the Congress of the United States the European Parliament's opposition to the decision of subjecting to a referendum the fundamental right of the individual not be killed by effect of a sentence or judicial measure, even if it is issued in the respect of the law.

8) Instructs its President to forward this resolution to the Commission, to the Council of European political Cooperation, to the governments and parliaments of the Member States, to the CSCE, to the Secretary-General of the United Nations, to the Congress of the United States and to the competent authorities of the State of Columbia.

DRAFT MOTION CONCERNING "REFERENDUM ON THE REINTRODUCTION OF THE DEATH PENALTY IN THE DISTRICT OF COLUMBIA (USA)"

The Chamber,

- having learned that the Congress of the United States has ruled that a referendum be held on 3 November in the District of Columbia (one of the 15 courts which have still not reintroduced capital punishment after its suspension in 1972) on the reintroduction of the death penalty on that territory, to coincide with the presidential elections;

REFERRING TO

- Articles 3 and 4 of the Universal Declaration of Human Rights;

- the European Convention of human rights, and art. 1 of the Sixth Additional Protocol of this Convention, in effect as of 1985;

- art. 6 of the International Agreement on civil and political rights and the Second Additional Protocol adopted in 1989 by the UN General Assembly;

- art. 4 of the U.S. Convention on human rights;

- European Parliament Resolution A3-0062/92 on the death penalty, passed on 12/3/92;

BELIEVING

in agreement with European Parliament Resolution of 12/3/92,

1. that no State, and especially no democratic State, can decide on the life of its citizens or of other persons living on its territory, providing for the death penalty in its legal system as a consequence of crimes, even if very serious one;

2. that the reintroduction, as proposed in the District of Columbia, which has raised to 14 the aggravating circumstances which imply the death penalty for murder, is in patent conflict with the U.S. Convention on human rights, which decides not to extend capital punishment to crimes for which it was not applied until that moment;

3. that the commitment to operate for the abolition of the death penalty, wherever it is provided for and applied, may be considered a legitimate duty;

4. that in a democratic State, the decision on the reintroduction of the death penalty should never and in no circumstance be the subject of a referendum;

5. that the referendum to be held in parallel with the presidential elections affords them a lugubrious and ferocious instrument of demagogy.

BINDS THE GOVERNMENT

- To forward to the Government and the Congress of the United States the Italian Parliament's position regarding the decision to make the individual's fundamental right not to be killed the subject of a referendum.

- To make the position of the Italian parliament on this important occasion known through the media.

- To forward this Motion to the Commission, the Council, European political Cooperation, the governments and the parliaments of the Member States of the Community, the Council of Europe, the CSCE, the Secretary-General of the United Nations.

Emma BONINO - GFE

Marco PANNELLA - GFE

Roberto CICCIOMESSERE - GFE

Vincenzo CIABARRI - PDS

Diego NOVELLI - LA RETE

Giovanni Claudio FAVA - LA RETE

Antonino BUTTITTA - PSI

Severino GALANTE - RIFONDAZIONE COM.

Paolo DE PAOLI - GREEN PARTY

Gianfranco BETTIN - GREEN PARTY

Mauro PAISSAN - GREEN PARTY

Vito LATTANZIO - DC

Rino PISCITELLO - LA RETE

Vincenzo SCOTTI - DC

Vincenzo BINETTI - DC

Massimo SALVADORI - PDS

Fulco PRATESI - GREEN PARTY

Enrico MODIGLIANI - PRI

Willer BORDON - PDS

Alfredo BIONDI - PLI

Andrea BUFFONI - PSI

Gaspare NUCCIO - LA RETE

Alberto ALESSI - DC

Giovanni CORRENTI - PDS

Francesco D'ONOFRIO - DC

Lino DE BENETTI - GREEN PARTY

Virginio ROGNONI - DC