CHAIRMAN OF THE ITALIAN BRANCH OF AMNESTY INTERNATIONAL

XXXVI RADICAL PARTY CONGRESS

ABSTRACT: Document on the death penalty prepared for the 36th Congress of the Radical Party (Rome, Hotel Ergife, 30 April - 3 May)

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There are many convincing arguments against the death penalty. It is irreversible. And the innocent people who are executed are not few (and even if they were, it would be too many). The truth comes to light after the execution and there is nothing that can be done. When the punishment is death, the error is fatal, irreversible.

And that's not all. The death penalty is inflicted on the defeated, on born losers. It is a formidable means of discrimination. It is used to eliminate the opposition where nonviolent political protest is not tolerated. The same thing happens in the case of religious discord. And even where freedom of thought, expression, and beliefs are guaranteed, it is used against the lower classes. Against those people who possess neither the money nor the culture to defend themselves. The statistics confirm this one hundred percent.

After having read, in the last few days, the results of some disquieting polls that have been carried out, which show that a vast majority of the public - or at least the American public - is in favour of capital punishment, I feel that we have to concentrate, above all, on other aspects of the problem if we are to effectively inform and educate the public as to the need to abolish capital punishment. These polls do not, in fact, make it clear that many of the people who apparently favour the death penalty are absolutely convinced that capital punishment is, on the one hand, a relatively "painless" solution; and, on the other hand, a highly effective means of combatting crime. People who favour the death penalty are frightened and insecure. They believe that they have come up with the solution to something they care very deeply about, a solution which is both acceptable and workable. But the death penalty is not effective against crime (and least of all against organized crime). The death penalty is

applied more and more often in the US, as the number of homicides increases. And in any case, the death penalty is not acceptable in that it is never "clean", never "painless", and always extremely cruel. It is a terrible form of physical and psychological torture, no matter what method is used. Any person who is executed is literally tortured to death. Therefore, we must all dedicate ourselves to eliminating the many prejudices concerning capital punishment, which are undoubtedly responsible for the general public being in favour of the death penalty.

I would like to propose that we take action immediately, on two levels. First of all, in Italy. For the entire duration of the last term of government we attempted to have the death penalty, which is still provided for in the Wartime Military Penal Code, abolished once and for all. We collected more than 20,000 signatures which were presented to the Speaker of the Chamber of Deputies. Many of the deputies themselves supported us. But the term of government ended without this civilized choice being made (and it would have taken very little). I am now asking the Radical Party to take up the cause. For our part, we will continue our campaign, and attempt to involve as many new parliamentarians as possible.

The second initiative concerns Europe. On the one hand, the time is ripe to plant the idea of a "Europe without the Death Penalty"; and, on the other hand, Europe must begin to actively participate in a campaign to abolish the death penalty worldwide. The resolution approved by the European Parliament, and based on the Aglietta report, will prove to be a very valuable instrument in this sense. It is necessary to check just where the death penalty is implemented unconditionally, and carried out in full. Amnesty International is currently intensifying its efforts to have the death penalty banned throughout Europe, and we are prepared to join forces, and to coordinate with, anyone who wishes to take concrete action and work towards achieving this goal.

I would like to say a few things regarding the methods to be adopted (which can eventually be explored further during the debate). First and foremost, we have found from experience that, unfortunately, there are no easy alternatives or shortcuts, and we will have to start from the bottom and work up, that is, from a national level (country by country) to an international level (and not vice versa). In international law, as we know, there is a connection between law-makers and receivers of laws (they are always the countries). It would therefore be impossible to make any significant progress as regards having the death penalty abolished on an international level, if the laws of the majority of countries continue to provide for capital punishment. Countries will not help to abolish at an international level that which is provided for, or imposed, by their own laws or the prevailing political climate. These observations are not intended to slow down any efforts that might be made to change international

law. But we have to be realistic.

Simultaneously with the campaign to abolish the death penalty country by country, we have to undertake action, both on a national and international level, with the aim of limiting the law which provides for the death penalty, or extending existing limitations. I am referring to the exclusion of certain categories of individuals, namely minors and old people, or the elimination of the death penalty for certain crimes (except the most serious ones), or following unfair trials. At the same time, we must work to obtain moratoriums which would constitute an intermediate step towards abolishing the death penalty.

Furthermore, it is necessary to give more weight and force to the initiatives embarked upon by abolitionist countries which are trying, in some way, to make their choice felt (or at least its practical effects) in territories outside their jurisdiction, by not permitting extradition to countries where crimes are punishable by death, and also by bringing political pressure to bear on countries where the death penalty is still in force.

According to the indications given in the Aglietta report, European countries in particular should consider the question of the death penalty to be a qualifying element in international relations.

In conclusion, given the enormous difficulties arising from the irrational reactions of an uninformed public to capital punishment referred to above, and the need to "start from the bottom" and attempt to abolish the death penalty country by country, I feel it is essential that we enlist the help of parliaments in our struggle to abolish the death penalty worldwide.