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 OF 1996
(July 17)
Official Gazette No. 42,840 of July 25, 1996
Through which the "Second Optional Protocol to the International Covenant on Civil and Political Rights aimed at approving I abolish the death penalty ", adopted by the United Nations General Assembly on 15 December 1989. Summary

Term Notes

THE CONGRESS OF THE REPUBLIC DECREES:
having regard to the text of 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 15
December 1989. "Second Optional Protocol to the International Covenant
oF CIVIL AND POLITICAL RIGHTS fOR
a ABOLISH tHE DEATH PENALTY"
the States Parties to this Protocol, Whereas
the abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights.
Recalling article 3. of the Universal Declaration of Human Rights adopted on 10 December 1948 and Article 6. the International Covenant on Civil and Political Rights, adopted on December 16, 1966,
Noting that article 6. the International Covenant on Civil and Political Rights refers to abolition of the death penalty in terms that strongly suggest that abolition is desirable,
Convinced that all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life,
Desirous to undertake hereby an international commitment to abolish the death penalty,
have agreed as follows: ARTICLE 1o
.
1. It will not run any person subject to the jurisdiction of a State Party to this Protocol.
2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.
Article 2.
.
1. No reservations to this Protocol shall be permitted, except for a very serious reservation made at the time of ratification or accession in which the application of the death penalty in time of war pursuant to a conviction is foreseen for a crime of a military nature committed during wartime.
2. The State Party making such a reservation shall notify the Secretary General of the United Nations at the time of ratification or accession, the relevant provisions of its national legislation applicable during wartime.
3. The State Party which has made such a reservation shall notify the Secretary General of the United Nations of any beginning or ending of a state of war applicable to its territory.

ARTICLE 3. The States Parties to this Protocol shall include in the reports to the Human Rights Committee under article 40 of the Covenant, information on the measures they have taken to give effect to this Protocol.

ARTICLE 4. In respect of States Parties to the Covenant that have made a declaration under Article 41, the competence of the Human Rights Committee to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations shall extend the provisions of this Protocol, unless the State Party concerned has made a statement to the contrary at the time of ratification or accession.

The 5th ITEM. In respect of States Parties to the first Optional Protocol to the International Covenant on Civil and Political Rights, adopted on December 16, 1966, the competence of the Human Rights Committee to receive and consider communications from individuals subject to its jurisdiction shall extend the provisions of this Protocol, unless the State Party concerned has made a statement to the contrary at the time of ratification or accession.

ARTICLE 6o.
1. The provisions of this Protocol shall apply as additional provisions to the Covenant.
2. Without prejudice to the possibility of making a reservation under the 2nd article. of this Protocol, the right guaranteed in paragraph 1o. Article 1o. this Protocol shall not be subject to any derogation under article 4. the Covenant.

ARTICLE 7.
1. This Protocol is open for signature by any State that has signed the Covenant.
2. This Protocol is subject to ratification by any State that 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 for accession by any State that has ratified the Covenant or acceded to it.

4. Accession shall be effected by the deposit of an instrument with the Secretary General of the United Nations.
5. The Secretary General of the United Nations shall inform all States that have signed this Protocol or acceded to it of the deposit of each instrument of ratification or accession.

Article 8.
1. This Protocol shall enter into force three (3) months from the date on which the deposit of the tenth instrument of ratification or accession with the Secretary General of the United Nations.
2. For each State ratifying this Protocol or acceding to it after the deposit of the tenth instrument of ratification or accession, this Protocol shall enter into force after three (3) months from the date on which such deposit of its own instrument of ratification or accession.

Article 9. The provisions of this Protocol shall extend to all parts of federal States without any limitations or exceptions.

ARTICLE 10. The Secretary General of the United Nations shall inform all States referred to in paragraph 1o. Article 48 of the Covenant:
a) Reservations, communications and notifications under Article 2o. of this Protocol;
B) Statements made under the provisions of articles 4. or 5th. of this Protocol;
C) Signatures, ratifications and accessions in accordance with article 7. of this Protocol;
D) The date of entry into force of this Protocol as provided for in Article 8. of the same.
ARTICLE 11.

1. This Protocol, of which the Arabic, Chinese, Spanish, French, English and Russian texts are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary General of the United Nations shall transmit certified copies of this Protocol to all States referred to in Article 48 of the Covenant. "
The undersigned Head of the Legal Office
Ministry of Foreign Affairs DECLARES
:
That this faithful reproduction is taken photocopy of the certificate text of 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 which is on file in the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, three (3) days
of April in 1995 (1995 ).
the Head of the Legal Office, Sintura ADOLFO VARELA HÉCTOR
.
EXECUTIVE BRANCH PUBLIC POWER

PRESIDENCY oF tHE REPUBLIC Santa Fe de Bogota, DC
Approved. Submit for consideration by the honorable
National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano
The Minister of Foreign Affairs,
(Sgd.) RODRIGO PARDO GARCÍA-PEÑA. DECREES
:
ITEM 1A. Approval of 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 15 December 1989. Article 2A
. In accordance with the provisions of article 1. 7a Act. 1944, 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, that article 1. this law passed, it will force the country from the date the international link is perfect therefrom.

ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate, JULIUS CAESAR
Tulena WAR.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
previous revision of the Constitutional Court
accordance with Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on July 17, 1996.

Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA




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