Death Penalty as Democratization: Is the Council of Europe Hanging Itself?

Abstract

The Council of Europe considers use of the death penalty as antithetical to democracy. In 1996 abolition was made a condition of Council membership, a provision affecting many post-communist states. This requirement, however, creates contradictions for the process of democratization. Among these is that popular support for the death penalty in countries like the United States extends to 70 per cent, and in Central and East Europe to as high as 80 per cent. The Council has created contradictions for itself, both by imposing the abolition requirement after some retentionist states gained membership and in the ways in which the Council has pursued abolition thereafter. In addition, post-communist governments have argued against abolition by using seemingly democratic arguments that risk corrupting the language and practice of democratization. By categorizing abolitionist and retentionist states among post-communist states and by examining strategies used in retentionist states to resist Council pressures this article determines implications of this particular facet of Western influence on post-communist democratization. It concludes that, despite successes, the Council requires both firm and consistent policies to achieve its objective.