12. Human rights

(a) B4-0609, 0630, 0653 and 0678/97

Resolution on the death sentence passed on Joseph O'Dell in the United States

The European Parliament,

- having regard to Article 3 of the Universal Declaration of Human Rights,

- having regard to Article 6 of the International Covenant on Civil and Political Rights and the Second Optional Protocol, which was adopted in 1989 by the United Nations General Assembly and came into force in 1991,

- having regard to its resolutions on the death penalty,

A. whereas the United States Supreme Court confirmed its death sentence on Joseph O'Dell by a majority of only one vote; whereas the sentence will be carried out on 23 July 1997,

B. whereas it has been demonstrated that the death penalty is a violation of human rights and that it is ineffective as a deterrent against crime,

C. whereas it has been demonstrated that mistakes have been and still may be made in imposing the death penalty, which can lead to the execution of innocent people,

D. whereas in the next few days four other United States citizens will be executed - William J. Kitchen, James Session and Robert West in the State of Texas and Roy Smith in the State of Virginia,

E. whereas Joseph O'Dell requested to undergo further DNA testing in order to prove his innocence, but this request has been rejected,

F. having regard to reports that one of the main prosecution witnesses has admitted to having invented all his evidence and a member of the jury also considers that he should revise his opinion,

G. having regard to the numerous demonstrations of support and sympathy for the accused all over the world,

1. Launches a solemn appeal to the Governor of the State of Virginia and the other American authorities concerned to ensure that in any event the sentence against O'Dell is commuted;

2. Calls on the US Administration and the government of the State of Virginia to allow Joseph O'Dell to undergo the DNA test;

3. Instructs its President to forward this resolution to the Council, the Commission, the United States Administration and the Governor of the State of Virginia.

This document is published online by Equipo Nizkor and Derechos Human Rights