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 30 June 2001, the Second Optional
Protocol has been ratified by 45 States worldwide, including 31 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 30 June 2001 the Protocol has been ratified by 39 countries and signed by three
(Armenia, Azerbaijan and Russian Federation). Turkey is the only member state of
the Council of Europe that has neither ratified nor signed it16.
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