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
Nature of declaration : Declarations, Denunciations, Derogations
Status as of 06/07/2020
NetherlandsDeclaration 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