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NETHERLANDS - Abolitionist

Government: constitutional monarchy
State of civil and political rights: Free
Constitution: adopted 1815; amended many times, most recently in 2002
Legal System: civil law system incorporating French penal theory; constitution does not permit judicial review of acts of the States General
Legislative System: bicameral States General (Staten Generaal) consists of the First Chamber (Eerste Kamer) and the Second Chamber (Tweede Kamer)
Judicial System: Supreme Court (Hoge Raad) whose justices are nominated for life by the monarch
Religion: Roman Catholic 31%, Dutch Reformed 13%, Calvinist 7%, Muslim 5.5%, other 2.5%, none 41%


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)


FACTS

The Constitution of the Kingdom of the Netherlands (1983) at Art. 114 states: "Capital punishment may not be imposed. "The Netherlands has been abolitionist for ordinary crimes since 1870, and fully abolitionist since 1982. The last execution dates back to 1952.
On December 19, 2016, the Netherlands 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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