Whereby The "second Optional Protocol To The International Covenant On Civil And Political Rights, Aimed At Abolishing The Death Penalty" Adopted By The United Nations General Assembly On December 15, 1989 Is Approved

Original Language Title: Por la cual se aprueba el "Segundo Protocolo Facultativo del Pacto Internacional de Derechos Civiles y Políticos, destinados a abolir la pena de muerte" adoptado por la Asamblea General de las Naciones Unidas el 15 de diciembre de 1989

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ACT 297 DE 1996

(July 17)

Official Journal No. 42,840 of July 25, 1996

By means of which the "Second Optional Protocol to the International Covenant on Civil and Political Rights to Abolish The Death Penalty" is adopted, adopted by the United Nations General Assembly on 15 March. December 1989.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

DECRETA:

Having regard to the text of the Second Optional Protocol to the International Covenant on Civil and Political Rights to abolish the Death Penalty, adopted by the United Nations General Assembly on 15 December 1989.

" SECOND OPTIONAL INTERNATIONAL PACT PROTOCOL

CIVIL AND POLITICAL RIGHTS INTENDED

TO ABOLISH THE DEATH PENALTY "

States Parties to this Protocol,

Whereas the abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights.

Remembering article 3o. of the Universal Declaration of Human Rights adopted on 10 December 1948 and Article 6o. of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,

Observing that article 6o. The International Covenant on Civil and Political Rights refers to the abolition of the death penalty in terms that clearly indicate that such abolition is desirable,

Convinced that all measures to abolish the death penalty should be considered an advance in the enjoyment of the right to life,

Eager to contract an international commitment to abolish the death penalty by this Protocol,

Have agreed to the following:

ARTICLE 1o.

1. No person shall be executed under the jurisdiction of a State Party to this Protocol.

2. Each State Party shall take all necessary measures to abolish the death penalty in its jurisdiction.

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ARTICLE 2o.

1. No reservation shall be admissible to this Protocol, with the exception of a reservation made at the time of ratification or accession, which provides for the application of the death penalty in time of war as a result of a conviction for a extremely serious military crime committed in time of war.

2. The State Party which makes such a reservation shall communicate to the Secretary-General of the United Nations at the time of ratification or accession the relevant provisions of its national law applicable in time of war.

3. The State Party which has made such a reservation shall notify the Secretary-General of the United Nations of any commencement or end of a state of war applicable to its territory.

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ARTICLE 3o. States Parties to this Protocol shall include in the reports they submit to the Human Rights Committee, pursuant to Article 40 of the Covenant, information on the measures they have taken. adopted to bring into force this Protocol.

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ARTICLE 4. With regard to the States Parties to the Covenant who have made a declaration pursuant to Article 41, the competence of the Human Rights Committee to receive and consider communications in which a State Party claims that another State Party does not comply with its obligations shall be extended to the provisions of this Protocol unless the State Party has made a statement to the contrary at the time of ratification. or accession.

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ARTICLE 5o. Regarding States Parties to the first Optional Protocol to the International Covenant on Civil and Political Rights, adopted on 16 December 1966, the competence of the Committee on Human Rights Humans to receive and consider communications from persons subject to their jurisdiction shall be extended to the provisions of this Protocol unless the State Party concerned has made a statement to the contrary in the the time of ratification or accession.

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ARTICLE 6o.

1. The provisions of this Protocol shall apply in the form of additional provisions of the Covenant.

2. Without prejudice to the possibility of making a reservation in accordance with Article 2or. of this Protocol, the right guaranteed in paragraph 1. of article 1or. of this Protocol shall not be subject to any suspension pursuant to Article 4. of the Pact.

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ARTICLE 7o.

1. This Protocol is open to the signature of any State which has signed the Covenant.

2. This Protocol is subject to ratification by any State which has ratified the Covenant or acceded to it. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. This Protocol shall be open to the accession of any State which has ratified the Covenant or acceded to it.

4. Accession shall be effected by the deposit of the corresponding instrument held by the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Protocol, or acceded to it, of the deposit of each instrument of ratification or accession.

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ARTICLE 8o.

1. This Protocol shall enter into force three (3) months after the date on which the 10th instrument of ratification or accession by the Secretary-General of the United Nations has been deposited.

2. With regard to each State ratifying this Protocol or acceding to it after the 10th instrument of ratification or accession has been deposited, this Protocol shall enter into force after three (3) months from the date of entry into force of this Protocol. the date on which the State has deposited its own instrument of ratification or accession.

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ARTICLE 9o. The provisions of this Protocol shall apply to all parts of the Federal States, without limitation or exception.

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ARTICLE 10. The Secretary-General of the United Nations shall communicate to all States referred to in paragraph 1. Article 48 of the Covenant:

a) Reservations, communications, and notifications as provided for in Article 2or. of this Protocol;

b) Statements made in accordance with the provisions of Articles 4or. or 5or. of this Protocol;

c) Signatures, ratifications and accessions in accordance with the provisions of article 7or. of this Protocol;

(d) The date on which this Protocol enters into force in accordance with the provisions of Article 8or. of the same.

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ARTICLE 11.

1. This Protocol, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall send certified copies of this Protocol to all States referred to in Article 48 of the Covenant. "

The undersigned Head of the Legal Office

from the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful photocopy taken from the certified text of the "Second Optional Protocol to the International Covenant on Civil and Political Rights to abolish the Death Penalty", adopted by the General Assembly of the The United Nations on December 15, 1989, which rests in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogota, D.C., a los très (3) dias

of the month of April of a thousand nine hundred and ninety-five (1995).

The Head of the Legal Office,

HECTOR ADOLFO SINTURA VARELA.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D.C.

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

(Fdo.) ERNESTO SAMPER PIZANO

The Foreign Minister,

(Fdo.) RODRIGO PARDO GARCIA-PENA.

DECRETA:

ARTICLE 1A. Approve the Second Optional Protocol to the International Covenant on Civil and Political Rights to abolish the Death Penalty, adopted by the General Assembly of the United Nations United on 15 December 1989.

ARTICLE 2A. Pursuant to article 1o. of Law 7a. The Second Optional Protocol to the International Covenant on Civil and Political Rights to abolish the Death Penalty, adopted by the General Assembly of the United Nations on 15 December 1989, as provided for in Article 1 (1). of this law will be approved, will force the country from the date on which the international link with respect to it is perfected.

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ARTICLE 3A. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Contact and post.

Run before the Constitutional Court review

pursuant to article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogota, D.C., a 17 de july de 1996.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

The Minister of Justice and Law,

CARLOS EDUARDO MEDELLIN BECERRA

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