109. Declaration by the Federal Chancellor concerning the scope of Protocol No 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the abolition of the death penalty, as amended by Protocol No 11

According to the Communications of the Secretary-General of the Council of Europe, the following other States have their instruments of ratification of Protocol 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the abolition of the death penalty in the version of the Protocol No 11 (BGBl. No 138/1985 idF BGBl. III No 30/1998, last proclamation of the BGBl area. (III) No 64/2000):

States:	Date of deposit of the Instrument of ratification:
Albania	21 September 2000
Armenia	29 September 2003
Azerbaijan	15 April 2002
Bosnia and Herzegovina	12 July 2002
Georgia	13 April 2000
Monaco	30 November 2005
Poland	30 October 2000
Serbia and Montenegro	3 March 2004
Turkey	12 November 2003
Ukraine	4 April 2000
Cyprus	19. Jänner 2000

On the occasion of the deposit of their instrument of ratification, the following states have declared the following reservations, or Statements made:

Azerbaijan:

The Republic of Azerbaijan declares that it is not possible to guarantee the application of the provisions of the Protocol in the Territories occupied by the Republic of Armenia until those territories are liberated from the occupation (Anbei die Schematic map of the occupied territories of the Republic of Azerbaijan).

Ukraine:

On 29 December 1999, the Constitutional Court of Ukraine ruled that the provisions of the Criminal Law of Ukraine, which provide for the death penalty, are not in conformity with the Constitution. In accordance with the Law of Ukraine of 22 February 2000 "On the introduction of amendments to the Criminal Code, the Criminal Procedure Act and the Labour Improvement Act", the Criminal Code of Ukraine was in accordance with the above mentioned Verdict of the Constitutional Court of Ukraine brought. The death penalty has been replaced by life imprisonment (Art. 25 of the Criminal Code of Ukraine). The law of Ukraine "On the ratification of Protocol No 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the abolition of the death penalty of 1983" preserves the use of the death penalty for offences committed during a war, through the introduction of appropriate amendments to the laws in force.

In accordance with Article 2 of Protocol No 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Ukraine shall notify the Secretary-General of the Council of Europe in the case of the introduction of these amendments.

Cyprus:

It is hereby notified, in accordance with Article 2 of the Protocol, that the death penalty is reserved for the following offences of the Military Criminal Law as well as the procedural law No 40 of 1964 as amended:

-		National betrayal (Section 13)
-		Extradition of an entrusted post by the military commander (Section 14)
-		Surrender in an open place by a commanding officer (Section 15 a)
-		Incitement or leadership of a revolt within the armed forces (Section 42 (2))
-		Transfer of military secrets to a foreign state, agent espionage (section 70 (1))
-		Incitement or leadership of a revolt under prisoners of war (Section 95 (2))

Furthermore, it is reported that, under the provisions of the Military Criminal Law and the procedural law (amendment) No 91 (I) of 1995, the death penalty, wherever provided for in the Basic Law, is imposed only if the offence is committed. during a war. In the sense of the same provisions, the death penalty is not a compelling sentence and may, at the discretion of the court, be replaced by a life sentence or even a shorter prison sentence.

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