Council of Europe Treaty Series
The member States of the Council of Europe, signatory to this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"),
Considering that the evolution that has occurred in several member States of the Council of Europe expresses a general tendency in favour of abolition of the death penalty,
Have agreed as follows:
Article 1 Abolition of the death penalty
The death penalty shall be abolished. No-one shall be condemned to such penalty or executed.
Article 2 Death penalty in time of war
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law.
Article 3 Prohibition of derogations
No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention.
Article 4 Prohibition of reservations1
No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.
Article 5 Territorial application
Article 6 Relationship to the Convention
As between the States Parties the provisions of Articles 1 to 5 of this Protocol shall be regarded as additional articles to the Convention and all the provisions of the Convention shall apply accordingly.
Article 7 Signature and ratification
The Protocol shall be open for signature by the member States of the Council of Europe, signatories to the Convention. It shall be subject to ratification, acceptance or approval. A member State of the Council of Europe may not ratify, accept or approve this Protocol unless it has, simultaneously or previously, ratified the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
Article 8 Entry into force
Article 9 Depositary functions>
The Secretary General of the Council of Europe shall notify the member States of the Council of:
In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.
Done at Strasbourg, this 28th day of April 1983, 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.
The Conference of High Contracting Parties agreed by consensus that the provisions regarding the new single-judge formation and the new competence of the Committees of three judges contained in Protocol No. 14 to the European Convention on Human Rights are to be applied on a provisional basis with respect to those states that express their consent, according to the modalities set out in document CM(2009)71 rev2.
If agreement were to be reached by consensus between the High Contracting Parties, the provisional application in accordance with Article 25 of the Vienna Convention on the Law of Treaties of certain provisions of Protocol No. 14 to the Convention would take place in the following manner:
a. the relevant parts of Protocol No. 14 are Article 4 (the second paragraph added to Article 24 of the Convention), Article 6 (in so far as it relates to the single-judge formation), Article 7 (provisions on the competence of single judges) and Article 8 (provisions on the competence of committees), to be applied jointly;
b. any of the High Contracting Parties may at any time declare by means of a notification addressed to the Secretary General of the Council of Europe that it accepts, in its respect, the provisional application of the above-mentioned parts of Protocol No. 14. Such declaration of acceptance will take effect on the first day of the month following the date of its receipt by the Secretary General of the Council of Europe; the above-mentioned parts of Protocol No. 14 will not be applied in respect of Parties that have not made such a declaration of acceptance;
c. from the date on which the declaration of acceptance takes effect in respect of a High Contracting Party, the above-mentioned parts of Protocol No. 14 will apply in respect of individual applications brought against it, including those pending before the Court at that date. They will not apply in respect of any individual application brought against two or more High Contracting Parties unless a declaration of acceptance is in effect or Protocol No. 14 bis, if adopted and opened for signature, is in force or applied on a provisional basis in respect of all of them;
d. the Secretary General of the Council of Europe will notify the High Contracting Parties and the European Court of Human Rights of any declaration of acceptance received pursuant to the agreement. Such a declaration will cease to be effective upon the entry into force of Protocol No. 14 bis to the Convention in respect of the High Contracting Party concerned;
e. the provisional application of the above-mentioned provisions of Protocol No. 14 will terminate upon entry into force of Protocol No. 14 or if the High Contracting Parties in some other manner so agree.
Parties to the
|Bosnia and Herzegovina|
|"the former yugoslav Republic of Macedonia"|