Reservations and Declarations for Treaty No.114 - Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

Declarations in force as of today
Status as of 23/05/2017

Azerbaijan

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 01/05/2002 -
Articles concerned : -


Germany

Declaration contained in a letter from the Permanent Representative of the Federal Republic of Germany, dated 5 July 1989, handed to the Secretary General at the time of deposit of the instrument of ratification on the same day - Or. Ger./Engl./Fr.

In connection with the deposit of the instrument of ratification to Protocol No. 6 of 28 April 1983 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty I have the honour to declare on behalf of the Government of the Federal Republic of Germany that, in its view, the obligations deriving from Protocol No. 6 are confined to the abolition of the death penalty within the Protocol's area of application in the respective State and that national non-criminal legislation is not affected. The Federal Republic of Germany has already met its obligations under the Protocol by means of Article 102 of the Basic Law.
Period covered: 01/08/1989 -
Articles concerned : -


Netherlands

Declaration contained in the instrument of acceptance, deposited on 25 April 1986 - Or. Engl.

The Netherlands accept the Protocol for the Kingdom in Europe, the Netherlands Antilles and Aruba.

Note by the Secretariat:
As of 10 October 2010, the term "the Netherlands Antilles" should be read as "Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba)" – see the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom. ]
Period covered: 01/05/1986 -
Articles concerned : -

Declaration contained in a letter from the Permanent Representation of the Netherlands, dated 25 April 1986, handed to the Secretary General at the time of deposit of the instrument of acceptance, on 25 April 1986 - Or. Engl.

On the occasion of the deposit today of the instrument of acceptance by the Kingdom of the Netherlands of Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty, done at Strasbourg on 28 April 1983, I have the honour to state, on behalf of the Government of the Kingdom of the Netherlands, that the bills for the abolition of capital punishment, insofar as it is still provided for under Dutch military law and Dutch regulations governing wartime offences, have been before Parliament since 1981. It should be noted, however, that under the provisions of the Constitution of the Netherlands, which came into force on 17 February 1983, capital punishment may not be imposed.

Furthermore I have the honour to communicate herewith, in accordance with Article 2 of the said Protocol, sections 103 and 108 of the criminal Code of the Netherlands Antilles and Aruba.
Sections 103 and 108 of the Criminal Code of the Netherlands Antilles and Aruba
103. Any person who enters into an understanding with a foreign power with a view to inducing that power to engage in hostilities or wage war against the State, to strengthening its resolve to do so, or to promising or providing assistance in the preparation of such acts, shall be liable to a prison sentence of a maximum of fifteen years.

If the hostilities are carried out or a state of war occurs, the death sentence, life imprisonment, or a determinate prison sentence of a maximum of twenty years shall be imposed.

108. Any person who, in time of war, intentionally aids an enemy of the State or disadvantages the State in relation to an enemy, shall be liable to a determinate prison sentence of a maximum of fifteen years. Life imprisonment or a determinate prison sentence of a maximum of twenty years shall be imposed if the offender:
1. informs or gives the enemy possession of any maps, plans, drawings or descriptions of military facilites or supplies any information relating to military operations or plans; or
2. acts as a spy for the enemy or assists, shelters or conceals an enemy spy.

The death penalty, life imprisonment or a determinate prison sentence of a maximum of twenty years shall be imposed if the offender:
1. destroys, renders unusable or betrays to the enemy or puts the enemy in possession of any fortified or manned location or post, any means of communication, any depot, any military supplies, any war funds, any restricted area (PB1965,69), or the navy or army or any part thereof, or if he hinders, impedes or sabotages any defensive or offensive flooding operations, whether planned or executed, or any other military operation;
2. causes or incites insurrection, mutiny or desertion among service personnel.

[Note by the Secretariat: The Netherlands confirm the above mentioned declaration for Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) as from 10 October 2010.
See also the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.]
Period covered: 01/05/1986 -
Articles concerned : 2


Ukraine

Communication contained in a letter from the Permanent Representative of Ukraine, dated 29 June 2000, registered at the Secretariat General on 30 June 2000 - Or. Engl.

On 29 December 1999, the Constitutional Court of Ukraine ruled that the provisions of the Criminal Code of Ukraine which provided for death penalty were unconstitutional. According to the Law of Ukraine of 22 February 2000 "On the Introduction of Amendments to the Criminal, Criminal Procedure and Correctional Labour Codes of Ukraine", the Criminal Code of Ukraine has been brought into conformity with the above-mentioned ruling of the Constitutional Court of Ukraine. The death penalty was replaced by life imprisonment (Article 25 of the Criminal Code of Ukraine). The Law of Ukraine "On the ratification of Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the Death Penalty, of 1983" envisages retaining of application of the death penalty for offences committed in time of war by means of introduction of appropriate amendments to the legislation in force.

Pursuant to Article 2 of the Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Ukraine will notify the Secretary General of the Council of Europe in case of introduction of these amendments.
Period covered: 01/05/2000 -
Articles concerned : -


United Kingdom

Declaration contained in the instrument of ratification, deposited on 20 May 1999 - Or. Engl.

The United Kingdom accepts the said Convention for the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man, being territories for whose international relations the United Kingdom is responsible.
Period covered: 01/06/1999 -
Articles concerned : -


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