death_penalty_new.qxd 02-08-27 12:57 Page 22 THE DEATH PENALTY IN THE OSCE AREA 4.3 AZERBAIJAN53 RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Signed Ratified Article 6 of the ICCPR Yes Yes Second Optional Protocol to the ICCPR Yes Yes54 Article 37 (a) of the CRC Yes Yes Protocol No.6 to the ECHR Yes Yes Protocol No.13 to the ECHR No No LEGAL FRAMEWORK Status: Abolitionist (except for Nagorno-Karabakh)55 Scope: The death penalty has been abolished for all crimes committed during peacetime. There is currently no legal provision for the use of the death penalty in wartime. However, there is a legal framework that would enable the adoption of a future law providing for the use of the death penalty in states of emergency or wartime. Azerbaijan has entered a reservation to the Second Optional Protocol to the ICCPR providing for the application of the death penalty in wartime pursuant to a conviction for a most serious crime of a military nature committed during wartime. The law passed to enable accession to the Second Optional Protocol to the ICCPR states that Azerbaijan retains the right to, 53 54 55 This entry was written with the assistance of the OSCE Office in Baku, Azerbaijan and the delegation of Azerbaijan to the OSCE who completed our questionnaire on the death penalty. Ratification is subject to a reservation enabling the use of the death penalty in wartime. Azerbaijan has been classified as abolitionist. However the classification is not strict as Azerbaijan does retain a clear legal framework to partly reintroduce the death penalty. 22