The Death Penalty in the OSCE Area
Council of Europe
Extract from the European Convention for the Protection
of Human Rights and Fundamental Freedoms
Article 2
1. Everyone’s right to life shall be protected by law. No one shall be deprived of
his life intentionally save in the execution of a sentence of a court following his
conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this
article when it results from the use of force which is no more than absolutely
necessary:
a. in defence of any person from unlawful violence;
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
c. in action lawfully taken for the purpose of quelling a riot or insurrection.
Protocol No. 6 to the Convention for the Protection of Human Rights
and Fundamental Freedoms, Concerning the Abolition of the Death Penalty
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 – Death penalty in time of war
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only
in the instances laid down in the law and in accordance with its provisions. The State
shall communicate to the Secretary General of the Council of Europe the relevant
provisions of that law.
Article 3 – Prohibition of derogations
No derogation from the provisions of this Protocol shall be made under Article 15 of
the Convention.
Article 4 – Prohibition of reservations
No reservation may be made under Article 57 of the Convention in respect of the
provisions of this Protocol.
Article 5 – Territorial application
1. Any State may at the time of signature or when depositing its instrument of ratifi24
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