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Council of Europe - Protocol No 13 to the Convention for the

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Council of Europe - Protocol No 13 to the Convention for the

     European Treaty Series - No. 187

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

Vilnius, 3.V.2002

    2 ETS 187 Abolition of the death penalty in all circumstances (Protocol No. 13 to ECHR), 3.V.2002 _______________________________________________________________________________________________

     The member States of the Council of Europe signatory hereto,

     Convinced that everyone’s right to life is a basic value in a democratic society and that

    the abolition of the death penalty is essential for the protection of this right and for the

    full recognition of the inherent dignity of all human beings;

     Wishing to strengthen the protection of the right to life guaranteed by the Convention for

    the Protection of Human Rights and Fundamental Freedoms signed at Rome on

    4 November 1950 (hereinafter referred to as “the Convention”);

     Noting that Protocol No. 6 to the Convention, concerning the Abolition of the Death

    Penalty, signed at Strasbourg on 28 April 1983, does not exclude the death penalty in

    respect of acts committed in time of war or of imminent threat of war;

     Being resolved to take the final step in order to abolish the death penalty in all

    circumstances,

     Have agreed as follows:

     Article 1 Abolition of the death penalty

     The death penalty shall be abolished. No one shall be condemned to such penalty or

    executed.

     Article 2 Prohibition of derogations

     No derogation from the provisions of this Protocol shall be made under Article 15 of the

    Convention.

     Article 3 Prohibition of reservations

     No reservation may be made under Article 57 of the Convention in respect of the

    provisions of this Protocol.

     Article 4 Territorial application

     1 Any State may, at the time of signature or when depositing its instrument of ratification,

    acceptance or approval, specify the territory or territories to which this Protocol shall

    apply.

     2 Any State may at any later date, by a declaration addressed to the Secretary General of

    the Council of Europe, extend the application of this Protocol to any other territory

    specified in the declaration. In respect of such territory the Protocol shall enter into force

    on the first day of the month following the expiration of a period of three months after

    the date of receipt of such declaration by the Secretary General.

    3 Any declaration made under the two preceding paragraphs may, in respect of any

    territory specified in such declaration, be withdrawn or modified by a notification

    addressed to the Secretary General. The withdrawal or modification shall become

    effective on the first day of the month following the expiration of a period of three

    months after the date of receipt of such notification by the Secretary General.

     ETS 187 Abolition of the death penalty in all circumstances (Protocol No. 13 to ECHR), 3.V.2002 3_______________________________________________________________________________________________

     Article 5 Relationship to the Convention

     As between the States Parties the provisions of Articles 1 to 4 of this Protocol shall be

    regarded as additional articles to the Convention, and all the provisions of the

    Convention shall apply accordingly.

     Article 6 Signature and ratification

     This Protocol shall be open for signature by member States of the Council of Europe

    which have signed the Convention. It is subject to ratification, acceptance or approval. A

    member State of the Council of Europe may not ratify, accept or approve this Protocol

    without previously or simultaneously ratifying the Convention. Instruments of

    ratification, acceptance or approval shall be deposited with the Secretary General of the

    Council of Europe.

     Article 7 Entry into force

     1 This Protocol shall enter into force on the first day of the month following the expiration

    of a period of three months after the date on which ten member States of the Council of

    Europe have expressed their consent to be bound by the Protocol in accordance with the

    provisions of Article 6.

     2 In respect of any member State which subsequently expresses its consent to be bound by

    it, the Protocol shall enter into force on the first day of the month following the expiration

    of a period of three months after the date of the deposit of the instrument of ratification,

    acceptance or approval.

     Article 8 Depositary functions

     The Secretary General of the Council of Europe shall notify all the member States of the

    Council of Europe of:

     a any signature;

     b the deposit of any instrument of ratification, acceptance or approval;

     c any date of entry into force of this Protocol in accordance with Articles 4 and 7;

     d any other act, notification or communication relating to this Protocol.

     In witness whereof the undersigned, being duly authorised thereto, have signed this

    Protocol.

     Done at Vilnius, this 3 May 2002, in English and in French, both texts being equally

    authentic, in a single copy which shall be deposited in the archives of the Council of

    Europe. The Secretary General of the Council of Europe shall transmit certified copies to

    each member State of the Council of Europe.

ETS 187 Abolition of the death penalty in all circumstances (Protocol No. 13 to ECHR), 3.V.2002 4_______________________________________________________________________________________________

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