MISI ONI I PËRHERSHË M PE R MA NE NT MIS SI ON I R EPUB LI KËS S Ë S HQIPËRIS Ë O F T H E R E P U B LI C O F A L BA NI A PR A NË OKB-SË TO THE UNI TE D NA TI ONS NJU JORK NEW YORK Explanation of Vote By Mr. Ervin NINA Permanent Mission of the Republic of Albania to the United Nations Third Committee of the UN General Assembly Albania against amendment A/C.3/69/L.66 on the draft resolution A/C.3/69/L.51/Rev.1 "Moratorium on the use of the death penalty" 21 November 2014 Check against delivery Madame Chair, The amendment contained in document A/C.3/69/L.66 seeks to undermine the contents and purpose of the draft-resolution L.51/Rev.1 - "Moratorium on the use of the death penalty". This amendment implies that the sponsors of this draft-resolution are in some way trying to interfere in how Countries decide to organise their legal and criminal systems. This is simply not the case. Promotion of a moratorium on the death penalty by the international community does not constitute a form of "intervention" in the domestic jurisdiction of a state. Instead, this draft-resolution: “welcomes the decisions made by an increasing number of States, at all levels of government, to apply a moratorium on executions, followed in many cases by the abolition of the death penalty.” The focus of this draft-resolution is to call on Member States to establish a Moratorium, with a view to abolishing the Death Penalty. Nothing less and nothing more. With this resolution cosponsors want to give recognition to this undeniable trend towards phasing out of the Death Penalty. Whilst we recognise the sovereign right of States to develop their own legal systems, in accordance with international law, this principle does not provide an exhaustive framework of States’ prerogatives and obligations that are relevant to this resolution. General Assembly resolutions, including this one on a Moratorium cannot violate the sovereignty of any Member State and cannot be considered an intervention under Art. 2 (7) of the Charter, since they are referred to in Art. 10-14 of the Charter as 'recommendations'. It is the legitimate concern of this Committee to discuss and make recommendations on issues pertaining to criminal justice in general and on the issue of the death penalty in particular. Human Rights within a State are a legitimate subject of scrutiny and comment by the international community. The proposed amendment contained in document L.66 would divert the focus away from the human rights dimensions of the use of the death penalty, since it is not consistent with the focus of the draft-resolution A/C.3/69/L.51/Rev.1. Albania will therefore vote NO to the L.66 amendment and we invite all Member States to vote against it. I thank you Madame Chair.
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