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SERBIA - Abolitionist

Government: Republic
State of civil and political rights: Free
Constitution: 10 November 2006
Legal System: based on civil law system
Legislative System: unicameral National Assembly
Judicial System: Constitutional Court, Supreme Court (to become court of cassation under new constitution), appellate courts, district courts, municipal courts
Religion: Serbian Orthodox 85%, Catholic 5.5%, Protestant 1.1%, Muslim 3.2%, unspecified 2.6%, other, unknown, or atheist 2.6%


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 (signed only)
  • Statute of the International Criminal Court (which excludes the death penalty)


FACTS

Serbia abolished the death penalty for all crimes on February 26, 2002 when a new Penal Code replaced the death penalty by a sentence of 40 years in prison. The country also includes the province of Kosovo, which is currently under UN administration that abolished the death penalty in 1999.
After almost 75 years, Yugoslavia officially ceased to exist on February 4, 2003 when its parliament voted to replace what remained of the troubled six-member socialist federation with a loose union of Serbia and Montenegro. The historic move, effective immediately, was welcomed by the European Union, which put pressure on Serbia and Montenegro to stay together for now.
On May 21 2006, there was a referendum in Montenegro that sanctioned the separation of the Republic of Montenegro from Serbia.
On March 3, 2004 Serbia-Montenegro 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.
On December 19, 2016, Serbia once again co-sponsored and voted in favour of the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.

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