ETS NO. 114
Concluded: 28 April 1983
In force: 1 March 1985
ARTICLE 1 ABOLITION OF THE DEATH PENALTY 154
ARTICLE 2 DEATH PENALTY IN TIME OF WAR 154
ARTICLE 3 PROHIBITION OF DEROGATIONS 154
ARTICLE 4 PROHIBITION OF RESERVATIONS 155
ARTICLE 5 TERRITORIAL APPLICATION 155
ARTICLE 6 RELATIONSHIP TO THE CONVENTION 155
ARTICLE 7 SIGNATURE AND RATIFICATION 155
ARTICLE 8 ENTRY INTO FORCE 155
ARTICLE 9 DEPOSITARY FUNCTIONS 155
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 reservations
No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.
Article 5 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 date of receipt of such declaration by the Secretary General.
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