The Second Optional Protocol to the ICCPR, adopted by the UN General
Assembly on 15 December 1989, goes far beyond Article 6, providing for the total
abolition of the death penalty13. It obliges all States Parties not to carry out
executions, to abolish the death penalty from their laws in times of peace and war,
and not to reintroduce capital punishment in the future. The only exception applies
to States that, at the time of ratification or accession, made a reservation that
provides for the application of the death penalty in time of war pursuant to a
conviction for a most serious crime of a military nature committed during wartime.
As of 31 December 1999, the Second Optional Protocol has been ratified by 41
States worldwide, including 29 OSCE participating States14.
3.2. Protocol No. 6 to the European Convention for the Protection
of Human Rights and Fundamental Freedoms
Protocol No. 6 to the European Convention for the Protection of Human Rights and
Fundamental Freedoms (hereafter European Convention on Human Rights or
ECHR) provides for the total abolition of the death penalty in times of peace15.
Article 1 states that "the death penalty shall be abolished" and that "no one shall be
condemned to such penalty or executed". According to Article 2, States Parties
may retain the death penalty for crimes committed in time of war or of imminent
threat of war. It is, however, specified that where this is so, the death penalty shall
be applied only in the instances laid down by the law and in accordance with its
provisions.
Protocol No. 6 has become the most effective instrument for the abolition of the
death penalty within the OSCE region, in particular since the Council of Europe
made it mandatory in 1994 for new member States to commit themselves upon
accession to put in place a moratorium immediately and to ratify Protocol No. 6
within a certain time-limit. In case of non-compliance, the Council of Europe may
impose sanctions such as the suspension of the rights of representation and thus
enforce the implementation of the member State's commitments.
As of 31 December 1999, only two out of 41 Council of Europe member States
have not signed the Protocol (Albania and Turkey). Another four member States
(Georgia, Poland, the Russian Federation, and Ukraine) have signed but not ratified
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