Death_Penalty_2005_nowy.qxd
2005-09-08
17:00
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INTERNATIONAL STANDARDS ON THE DEATH PENALTY
2.2
INTERNATIONAL STANDARDS ABOLISHING
THE DEATH PENALTY
COUNCIL OF EUROPE
Since the adoption of the ECHR, steps have been taken to develop legally binding
instruments that do abolish the death penalty.
The Council of Europe has adopted Protocol No. 6 to the ECHR,19 which abolishes
the death penalty during peacetime. All new member states of the Council of Europe are
required to ratify Protocol No. 6 within a certain time limit.20 In addition, the Council of
Europe has also adopted Protocol No. 13 to the ECHR,21 which is the first legally binding
instrument that abolishes the death penalty in all circumstances, including in time of war.
•
•
Forty-four OSCE participating States have ratified Protocol No. 6.22 In the period
from 30 June 2004 to 30 June 2005, one participating State, Monaco, signed
Protocol No. 6.
Thirty-two OSCE participating States have ratified Protocol No. 13. In the period
from 30 June 2004 to 30 June 2005, six participating States ratified Protocol
No. 13: the Czech Republic, Finland, Germany, Greece, Iceland and the former
Yugoslav Republic of Macedonia.23 One participating State, Monaco, signed
Protocol No. 13.
UNITED NATIONS
Since the adoption of the ICCPR, steps have been taken to develop a legally
binding instrument that requires the abolition of the death penalty. Accordingly, the UN
19
20
21
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ETS No.114. Entered into force on 1 March 1985. Article 2 of Protocol No. 6 provides that a state
may make provision in its law for the death penalty in respect of acts committed in times of war or
of imminent threat of war.
Resolution 1044 (1994) of the Parliamentary Assembly of the Council of Europe on the Abolition of
Capital Punishment, 4 October 1994.
ETS No. 187. Entered into force on 1 July 2003.
Of the 55 OSCE participating States, 46 are member states of the Council of Europe.
In addition, Protocol No. 13 was ratified by Norway on 16 August 2005 and by the Slovak Republic
on 18 August 2005.
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