death_penalty_new.qxd 02-08-27 12:57 Page 35 GREECE 4.8 GREECE108 RELEVANT INTERNATIONAL INSTRUMENTS Signed Ratified Article 6 of the ICCPR International Instruments Yes Yes Second Optional Protocol to the ICCPR Yes Yes109 Article 37 (a) of the CRC Yes Yes Protocol No.6 to the ECHR Yes Yes Protocol No.13 to the ECHR Yes No LEGAL FRAMEWORK Status: Partly abolitionist Scope: The death penalty has been abolished for all crimes committed in peacetime. The Constitution of Greece provides that the death penalty may not be imposed, except in cases which are prescribed by law for felonies which are committed in time of war and are connected with it110. The Military Penal Code111 retains the death penalty for certain grave military crimes committed in wartime and connected to war112. Accordingly, upon ratification of the Second Optional Protocol to the ICCPR, Greece entered a reservation enabling it to apply the death penalty in wartime pursuant to a conviction for a most serious crime of a military nature committed during wartime. However, Greece signed Protocol No. 13 to the ECHR on 3 May 2002 and is due to ratify it shortly. Steps will also be taken to remove the remaining provisions of the Military Penal Code, which retain the death penalty113. 108 109 110 111 112 113 This entry was written with the assistance of the Delegation of Greece to the OSCE who completed our questionnaire on the death penalty. Ratification was subject to a reservation enabling the use of the death penalty in wartime. Article 7(3) of the Constitution of Greece 1975. Article 8 of the Military Penal Code provides that the death penalty can be imposed only after a court of law has examined the possible perilous implications of the crime on state security or the military effectiveness of the armed forces. Article 6(2) of Law 2287/95. Official Gazette A’20. It is presumed that the Reservation to the Second Optional Protocol to the ICCPR allowing the death penalty in wartime will also be removed. 35