Vorbehalte und Erklärungen für Vertrag Nr.114 - Protokoll Nr. 6 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten über die Abschaffung der Todesstrafe

Art der Erklärung : Mitteilungen
Datum 20/10/2019

Zypern

Communication contained in a Note verbale from Cyprus, dated 11 November 1999, handed to the Secretary General at the time of deposit of the instrument of ratification, on 19 January 2000 - Or. Engl. and withdrawn in a Note Verbale from the Permanent Representation of Cyprus, dated 7 February 2017, registered at the Secretariat General on 14 February 2017 – Or. Engl.

It is hereby communicated, in accordance with Article 2 of the Protocol, that the death penalty is retained for the following offences under the Military Criminal Code and Procedure Law no. 40 of 1964 as amended:

- Treason (section 13)
- Surrender of entrusted post by military commander (section 14)
- Capitulation in open place by officer in command (section 15) (a)
- Instigating or leading a revolt within the armed forces (section 42 (2))
- Transmission of military secrets to a foreign state, spy of agent (section 70 (1))
- Instigating or leading a revolt among war prisoners (section 95 (2)).

An English translation of the provisions of the above offences is attached as Appendix I to this Communication.

It is further communicated that by virtue of the provisions of the Military Criminal Code and Procedure (Amendment) Law no. 91(I) of 1995, the death penalty, wherever provided for in the principal law, is imposed only when the offence is committed in time of war. According to the same provisions, the death penalty is not a mandatory sanction, but may, on the discretion of the Court, be substituted by imprisonment for life or for a shorter period.

An English translation of the provisions of the Military Criminal Code and Procedure (Amendment) Law no. 91(I) of 1995 is attached as Appendix II.

APPENDIX I - Translation into English of the provisions of the offences under the Military Criminal Code and Procedure Law no. 40 of 1964 carrying the death penalty

Treason - Section 13
- A member of the armed forces who in time of war or armed revolt or state of emergency

a. takes arms against the Republic;
b. voluntarily undertakes any military service with the enemy;
c. surrenders to the enemy or to another, in the interests of the enemy, either the force commended by him or the fort of other military post or town entrusted to him, or arms or any means of war or ammunition or supplies of the army in food stuffs and materials of all kinds or money;
d. comes to terms with the enemy for the purpose of helping the operations thereof;
e. knowingly acts in a manner capable of benefiting the military operations of the enemy or of damaging the operations of the army;
f. causes or participates in an agreement purporting to compel the commander of a besieged position, to surrender or come to terms;
g. causes the army in the face of the enemy to take to flight or obstructs the reassembling thereof or in any way tries to inspire fear in the army;
h. attempts anything which is capable of endangering the life, corporal integrity or the personal liberty of the Commander,

is guilty of a felony and is punishable with death and degradation.

Surrender of entrusted post by military commander - Section 14
- A military commander or garrison (fortress) commander, who has come to terms with the enemy and surrendered the post entrusted to him without having exhausted all the possible means of defence and without having performed all the obligations imposed upon him by the military duty and honour, is guilty of a felony and is punishable with death and degradation.

Capitulation in open place by officer in command - Section 15
- A commander of an armed military unity who, in an open place comes to terms is guilty of a felony and is punishable

a. with death and degradation, if as a result of his coming to terms his force has laid down the arms, or if before negotiating orally or in writing, he did not fulfil the obligations imposed on him by the military duty and honour;
b. ……

Revolt within the armed forces - Section 42
1. (defines revolt)
2. The instigators and the leaders of a revolt as well as the officer superior in rank, are guilty of a felony and are punishable with death and degradation. The other rebels are guilty of a felony and are punishable in time of peace with imprisonment not exceeding seven years, and in time of war, armed revolt, state of emergency or mobilisation, with death.
3. …..

Transmission of military secrets - Section 70
1. A member of the armed forces of any person, in the service of the army, who unlawfully and intentionally delivers or makes known to another or allows to come to the possession or knowledge of another documents, plans or other objects or secret information of a military significance is guilty of a felony and is punishable with imprisonment not exceeding fourteen years and with death and degradation if he delivered them or made them known to a foreign State or spy or agent thereof.
……
6. (defines what constitutes military secrets).

Revolt among prisoners or war - Section 95
1. (defines state of revolt among prisoners of war)
2. The inciters and those who led the revolt as well as the officers and non-commissioned officers, are guilty of a felony and are punishable with death and the others with imprisonment not exceeding fourteen years.
3. ……

APPENDIX II - Number 91(I) of 1995 - A Law to amend the Military Criminal Code and Procedure.

The House of Representatives enacts as follows:

1. This Law may be cited as the Military Criminal Code and Procedure (Amendment) Law of 1995 and shall be read as one with the Military Criminal Code and Procedure of 1964 to 1993 (hereinafter referred to as "the principal law") and the principal law and this Law shall together be cited as the Military Criminal Code and Procedure of 1964 to 1995.

2. The following new subsection is substitued for subsection 2 of section 7 of the principal law:
"(2). The death penalty wherever provided in this law is imposed only when the offence is committed in time of war, without prejudice to the right of the Court to impose life imprisonment or imprisonment for a shorter period of time where the circumstances so justify".

[ Note by the Secretariat : The Republic of Cyprus withdraws the Communication made by Cyprus at the time of deposit of the instrument of ratification of Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty, on 19 January 2000.

Death penalty for the offences under Military Criminal Code and Procedure Law No. 40 of 1964 has been abolished by the Amending Law 39(I)/2002 of the Military Code and Procedure Law.]
In Kraft: 01/02/2000 - 14/02/2017
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