AUSTRIA - Abolitionist
Government: federal republic
State of civil and political rights: Free
Constitution: introduced in 1920, revised in 1929, and re-established in 1945
Legal System: civil law system with Roman law origin
Legislative System: bicameral Federal Assembly or Bundesversammlung consists of Federal Council or Bundesrat and the National Council or Nationalrat
Judicial System: Supreme Judicial Court; Administrative Court; Constitutional Court
Religion: Roman Catholic 73.6%, Protestant 4.7%, Muslim 4.2%, other 3.5%, unspecified 2%, none 12%
International Treaties on the Death Penalty and Human Rights:
- International Covenant on Civil and Political Rights
- 1st Optional Protocol to the Covenant
- Second Optional Protocol to the International Covenant on Civil and Political Rights (aiming to the abolition of the death penalty)
- Convention on the Rights of the Child
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- European Convention for the Protection of Human Rights and Fundamental Freedoms
- 6th Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms (concerning the abolition of the death penalty)
- European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances
- Statute of the International Criminal Court (which excludes the death penalty)
The Federal Constitutional Law of the Republic of Austria at Art. 85 states "The death penalty is abolished." The death penalty was abolished for ordinary crimes in 1950 and for all crimes in 1968.
On January 12, 2004 Austria deposited with the Council of Europe the instrument of ratification of Protocol No 13 to the European Convention on Human Rights and Fundamental Freedoms banning the death penalty in all circumstances. The last execution took place in 1950.
On December 19, 2016, as in previous years, Austria co-sponsored and voted in favour of the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.