PROTOCOL
No. 13 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS CONCERNING THE ABOLITION OF THE DEATH PENALTY IN ALL CIRCUMSTANCES
The
member States of the Council of Europe signatory hereto,
Convinced that everyone’s
right to life is a basic value in a democratic society and that the abolition
of the death penalty is essential for the protection of this right and for the
full recognition of the inherent dignity of all human beings;
Wishing to strengthen the
protection of the right to life guaranteed by the Convention for the Protection
of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950
(hereinafter referred to as “the Convention”);
Noting that Protocol No. 6 to
the Convention, concerning the Abolition of the Death Penalty, signed at
Strasbourg on 28 April 1983, does not exclude the death penalty in respect of
acts committed in time of war or of imminent threat of war;
Being resolved to take the
final step in order to abolish the death penalty in all circumstances,
Have agreed as follows:
The death penalty shall be
abolished. No one shall be condemned to such penalty or executed.
No derogation from the
provisions of this Protocol shall be made under Article 15 of the Convention.
No reservation may be made
under Article 57 of the Convention in respect of the provisions of this
Protocol.
1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Protocol shall apply.
2 Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.
3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn or modified by a notification addressed to the Secretary General. The withdrawal or modification shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
As between the States
Parties the provisions of Articles 1 to 4 of this Protocol shall be regarded as
additional articles to the Convention, and all the provisions of the Convention
shall apply accordingly.
This Protocol shall be open for signature by member States of the Council of Europe which have signed the Convention. It is subject to ratification, acceptance or approval. A member State of the Council of Europe may not ratify, accept or approve this Protocol without previously or simultaneously ratifying the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
1 This Protocol shall enter into force on the first day of the month following the expiration of a periodof three months after the date on which ten member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 6.
2 In respect of any member State which subsequently expresses its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.
The Secretary General of the
Council of Europe shall notify all the member States of the Council of Europe
of:
a any
signature;
b the
deposit of any instrument of ratification, acceptance or approval;
c any
date of entry into force of this Protocol in accordance with Articles 4 and 7;
d any
other act, notification or communication relating to this Protocol.
In witness whereof the
undersigned, being duly authorised thereto, have signed this Protocol.
Done at Vilnius, this 3 May 2002, in English and in
French, both texts being equally authentic, in a single copy which shall be
deposited in the archives of the Council of Europe. The Secretary General of
the Council of Europe shall transmit certified copies to each member State of
the Council of Europe.