The Death Penalty in the OSCE Area
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
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 date of receipt
of such declaration by the Secretary General.
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