The Death Penalty in the OSCE Area–Background Paper 2018
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territory specified in such declaration, be withdrawn or modified by a notification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.
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.
Parliamentary Assembly of the Council of Europe (PACE)
Resolution 118710
(1999)
1. The Assembly, referring to its Resolutions 1044 (1994) and 1097 (1996), reaffirms its belief that the application of the death penalty constitutes inhuman and
degrading punishment and a violation of the most fundamental human right, that
to life itself. It reiterates its firm conviction that capital punishment therefore has
no place in civilised, democratic societies governed by the rule of law.
10 See also PACE Resolution 1044 and Recommendation 1246 from 1994; PACE Resolution 1097 and Recommendation 1302 from 1996
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