SPAIN - Abolitionist
Government: parliamentary monarchy
State of civil and political rights: Free
Constitution: approved by legislature 31 October 1978; passed by referendum 6 December 1978, effective 29 December 1978
Legal System: civil law system, with regional applications
Legislative System: bicameral; the parliament consists of the Senate and the Congress of Deputies
Judicial System: Supreme Court
Religion: Roman Catholic 94%, other 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
- Statute of the International Criminal Court (which excludes the death penalty)
Spain became completely abolitionist in 1995. The country had been abolitionist for ordinary crimes since 1978.
The last execution took place in 1975, under the dictatorship of General Francisco Franco. Spain, like its European Union partners, refuses to send prisoners to countries where they could face the death penalty.
On December 19, 2016, Spain 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.