13 MAI 2003. - An Act to assent to 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, done to Vilnius on 3 May 2002 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. 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, done at Vilnius on 3 May 2002, will come out its full and complete effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 May 2003.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2002-2003.
Senate.
Documents. - Bill tabled on 6 March 2003, No. 2-1522/1. - Report made on behalf of the commission, no. 2-1522/2.
Annales parliamentarians. - Discussion, meeting of 27 March 2003. - Vote, meeting of 27 March 2003.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 50-2422/1. - Text adopted in plenary and subject to Royal Assent, No. 50-2422/2.
Annales parliamentarians. - Discussion, meeting of 4 April 2003. - Vote, meeting of 4 April 2003.

PROTOCOL No. 13 TO THE CONVENTION ON THE SAUVEGARD OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
The States members of the Council of Europe, signatories to this Protocol,
Convinced that the right of every person to life is a fundamental value in a democratic society, and that the abolition of the death penalty is essential to the protection of this right and to 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 in 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 in Strasbourg on 28 April 1983, does not exclude the death penalty for acts committed in times of war or imminent danger of war;
Determined to take the ultimate step to abolish the death penalty in all circumstances,
The following agreed:
Article 1^er
Abolition of the death penalty
The death penalty is abolished. No one can be sentenced to such punishment or executed.
Article 2
Prohibition of exemptions
No derogation is permitted under the provisions of this Protocol under Article 15 of the Convention.
Article 3
Prohibition of reservations
No reservation is permitted to the provisions of this Protocol under Article 57 of the Convention.
Article 4
Territorial application
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or approval, designate the territory or territories to which this Protocol shall apply.
2. Any State may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory designated in the declaration. The Protocol shall enter into force for that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
3. Any declaration made under the preceding two paragraphs may be withdrawn or amended, with respect to any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal or modification shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 5
Relations with the Convention
States Parties shall consider Articles 1 to 4 of this Protocol as additional articles to the Convention, and all provisions of the Convention shall apply accordingly.
Article 6
Signature and ratification
This Protocol is open for signature by the States members of the Council of Europe that have signed the Convention. It will be subject to ratification, acceptance or approval. A Member State of the Council of Europe may not ratify, accept or approve this Protocol without having simultaneously or previously ratified the Convention. Instruments of ratification, acceptance or approval will 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 this Protocol in accordance with the provisions of Article 6.
2. For any Member State that subsequently expresses its consent to be bound by this Protocol, 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
Functions of the depositary
The Secretary General of the Council of Europe will notify all Member States of the Council of Europe:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance or approval;
(c) any effective date of this Protocol in accordance with Articles 4 and 7;
(d) any other act, notification or communication relating to this Protocol.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Vilnius, on 3 May 2002, in French and English, both texts being equally authentic, in a single copy which will 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.

PROTOCOL No. 13 TO THE CONVENTION ON THE SAUVEGARD OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, RELATING TO THE ABOLITION OF THE MORT PEOPLE IN ALL CIRCONSTANCES, AT STRASBOURG ON 3 MAY 2002
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