4 DECEMBER 1998. - An Act to Enact Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty, done in Strasbourg on 28 April 1983 (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. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty, done in Strasbourg on 28 April 1983, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 December 1998.
ALBERT
By the King:
The Ministry of Foreign Affairs,
E. DERYCKE
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1997-1998.
Senate:
Documents. - Bill tabled on 3 August 1998, No. 1-1087/1.
Session 1998-1999:
Documents. - Report, no. 1-1087/2. - Text adopted by the Commission, No. 1-1087/3
Annales parliamentarians. - Discussion, meeting of 18 November 1998. - Vote, meeting of 18 November 1998.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 1833/1. - Text adopted in plenary session and embodied in Royal Assent, No. 1833.2.
Annales parliamentarians. - Discussion, meeting of 3 December 1998. - Vote, meeting of 3 December 1998.
Protocol No. 6 to the Convention on the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty
States members of the Council of Europe, signatories to this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (hereinafter referred to as the "Convention");
Considering that developments in several Member States of the Council of Europe express a general trend in favour of the abolition of the death penalty,
The following agreed:
Article 1
The death penalty is abolished. No one can be sentenced to such punishment or executed.
Article 2
A State may provide for in legislation the death penalty for acts committed in times of war or imminent danger of war; Such a penalty shall be applied only in the cases provided for in that legislation and in accordance with its provisions. This State shall communicate to the Secretary General of the Council of Europe the relevant provisions of the relevant legislation.
Article 3
No derogation is permitted under the provisions of this Protocol under Article 15 of the Convention.
Article 4
No reservation shall be permitted to the provisions of this Protocol under Article 64 of the Convention.
Article 5
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 with respect to that territory on the first day of the month following the date of receipt of the declaration by the Secretary General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the date of receipt of the notification by the Secretary General.
Article 6
States Parties shall consider Articles 1 to 5 of this Protocol as additional articles to the Convention and all provisions of the Convention shall apply accordingly.
Article 7
This Protocol is open for signature by the States members of the Council of Europe, signatories to the Convention. It will be subject to ratification, acceptance or approval. A Member State of the Council of Europe shall 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 8
1. This Protocol shall enter into force on the first day of the month following the date on which five Member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 7.
2. For any Member State that subsequently expressed its consent to be bound by the Protocol, the Protocol shall enter into force on the first day of the month following the date of the deposit of the instrument of ratification, acceptance or approval.
Article 9
The Secretary General of the Council of Europe shall notify the Member States of the Council:
(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 5 and 8;
(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 Strasbourg on 28 April 1983, 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.
List of related States
For the consultation of the table, see image
