Council of Europe Treaty Series
The member States of the Council of Europe signatory hereto,
Convinced that everyones 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:
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 Prohibition of derogations
No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention.
Article 3 Prohibition of reservations
No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.
Article 4 Territorial application
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declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn or modified by a notification addressed to the Secretary General.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.
Article 5 Relationship to the Convention
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.
Article 6 Signature and ratification
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.
Article 7 Entry into force
1 This Protocol shall enter into force on the first day of the month following the expiration of a period of 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.
Article 8 Depositary functions
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 3rd day of 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.
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"|