THE DEATH PENALTY IN THE OSCE AREA
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.
2.
3.
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.
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 date of receipt of
such declaration by the Secretary General.
Any declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn by a notification addressed to
the Secretary General. The withdrawal shall become effective on the first day of
the month following the date of receipt of such notification by the Secretary
General.
Article 6 – Relationship to the Convention
As between the States Parties the provisions of Articles 1 to 5 of this Protocol shall
be regarded as additional articles to the Convention and all the provisions of the
Convention shall apply accordingly.
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