Austria And The Death Penalty: Current Status And History

The death penalty, also known as capital punishment, is the state-sanctioned killing of a person as punishment for a crime. While it has been abolished in many countries, some still retain this practice. Austria, a state party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, has taken a strong stance against the death penalty and advocates for its total abolition worldwide. As of February 1968, capital punishment has been completely abolished in Austria.

When was the death penalty abolished in Austria?

Capital punishment in Austria was first abolished in 1787, but it was reinstated in 1795. The method of execution in Austria was hanging until the country was annexed by Nazi Germany between 1938 and 1945, when the method was replaced by the guillotine. After World War II, the British reintroduced hanging. The last person to be executed in Austria was Johann Trnka, who was hanged on 24 March 1950 for murder.

Capital punishment for murder was abolished on 30 June 1950. However, executions continued into the 1950s under Allied military law in the Soviet occupation zone, with the last executions taking place no later than 1955, when the occupation ended.

Capital punishment was not completely abolished in Austria until February 1968.

What are the human rights obligations of Austria?

Austria's human rights obligations are implemented domestically through the Federal Constitution and numerous laws. As a party to all major international human rights agreements, Austria has committed to respecting, protecting, and fulfilling human rights within its borders.

Austria's priority areas for human rights policy include:

• The rights of women and children
• The safety of journalists
• The promotion of freedom of religion and the protection of religious minorities
• Combatting human trafficking
• The protection of minorities
• Human rights education

Austria's human rights obligations are reflected in its active participation in the following:

• United Nations (UN) initiatives, including the building of a global coalition against the death penalty, and the UN Human Rights Council
• EU Guidelines on the Death Penalty
• The Second Optional Protocol to ICCPR (ratified in 1993)
• Protocol No. 6 to ECHR (1984)
• Protocol No. 13 to ECHR (2004)
• The European Convention on Human Rights, which holds constitutional status in Austria

In addition, Austria cooperates with its EU partners and other third countries to achieve its human rights goals. The country also values input from civil society and supports human rights NGOs.

Austria's human rights obligations are also reflected in its commitment to the universality of human rights, as affirmed at the 1993 Vienna World Conference on Human Rights. This includes the dignity and rights common to all human beings, regardless of state or culture.

Furthermore, Austria has taken steps to address specific human rights issues, such as signing the International Convention on the Protection of All Persons from Enforced Disappearance and the International Convention on the Rights of Persons with Disabilities in 2007.

Austria's human rights record is generally respected by the government, but there have been issues in certain areas, including police abuse, use of unjustified force against prisoners, and societal discrimination against specific groups.

What are the priority areas of Austrian human rights policy?

Austria abolished the death penalty in 1968. The country is a party to all major international human rights agreements and has committed to respecting, protecting, and fulfilling human rights. The priority areas of Austrian human rights policy are:

• The rights of women and children: Austria aims to address issues such as violence against women, spousal abuse, and child abuse. They also provide free and compulsory education for children aged six to fifteen.
• The safety of journalists: Austria recognizes the importance of journalist safety and actively engages in dialogue with third countries regarding human rights issues.
• The promotion of freedom of religion and the protection of religious minorities: While Austria generally respects religious freedom, there have been reports of societal discrimination against members of unrecognized religious groups, such as Muslims and Jehovah's Witnesses.
• Combatting human trafficking: Austria has laws prohibiting human trafficking and actively works to combat this issue, providing support to victims.
• The protection of minorities: Austria addresses discrimination against minorities, including racial and ethnic minorities, and provides support for vulnerable groups.
• Human rights education: Austria promotes human rights education through initiatives such as teacher training seminars on Holocaust education and inviting Holocaust survivors to speak to students.

Austria also prioritizes working towards the worldwide abolition of the death penalty, considering it a cruel and inhumane punishment that contradicts human dignity. They cooperate with international organizations and engage in dialogue with other countries to advocate for the total abolition of capital punishment.

What is the Austrian stance on the worldwide abolition of the death penalty?

Austria has taken a firm stance against the death penalty, both within its own legal system and as a matter of foreign policy. Capital punishment in Austria was abolished in 1787, though it was restored in 1795. The minimum age for execution was set at 20 in 1919, and the method of execution was hanging until the annexation by Nazi Germany in 1938, when it was replaced by the guillotine. After World War II, hanging was reintroduced, and the last person to be executed in Austria was Johann Trnka, who was hanged on March 24, 1950, for murder. Capital punishment for murder was abolished on June 30, 1950, although executions continued into the 1950s in the Soviet occupation zone. Capital punishment was abolished completely in Austria in February 1968.

Austria is a signatory to several international agreements and protocols that uphold the abolition of the death penalty, including the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), Protocol No. 6 to the European Convention on Human Rights (ECHR), and Protocol No. 13 to the ECHR. As a party to these agreements, Austria has committed to respecting, protecting, and fulfilling human rights, including the right to life, within its own borders and through its foreign policy.

Austria considers the abolition of the death penalty worldwide as a priority in its foreign policy. It actively engages with other countries, the United Nations, and other multilateral forums to advocate for the total abolition of capital punishment. Austria views the death penalty as a cruel and inhumane punishment that contradicts human dignity. It intervenes in individual cases where the death sentence is imposed on vulnerable groups, such as children or mentally challenged persons, or where it results from unfair trials or is used for crimes other than the most serious ones.

Through its development agency, Austria also promotes a human rights-based approach to development work, emphasizing principles such as participation, non-discrimination, accountability, and transparency. The country actively cooperates with its EU partners and other like-minded countries to achieve its human rights policy goals and strengthen civil society, both domestically and internationally.

What are the methods of execution used in Austria?

The method of execution in Austria has changed over time. Hanging was the primary method of execution until the country's annexation by Nazi Germany between 1938 and 1945, when it was replaced by the guillotine.

Hanging

Hanging involves suspending a person by the neck with a noose or ligature, which can cause death by cervical fracture or strangulation. The short-drop method was the standard technique before 1850 and is still common in suicides and extrajudicial hangings. The Austro-Hungarian "pole" method is a variation of the short drop, in which the condemned person is hoisted to the top of a vertical pole and then rapidly jerked downward.

Guillotine

The guillotine was used during the period of Nazi rule and involved a blade being released from a tall structure to behead the person standing below.

After World War II, hanging was reintroduced by the British, and the last person to be executed in Austria, Johann Trnka, was hanged for murder in 1950. Capital punishment for murder was abolished in 1950, and it was completely abolished in Austria in 1968.

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