1410 OF 2010

(September 13)

Official Journal No. 47,831 of 13 September 2010

CONGRESS OF THE REPUBLIC

C-399-11 >

By means of which the "Protocol to the American Convention on Human Rights Relating to the Abolition of the Death Penalty", adopted in Asunción, Paraguay, on June 8, 1990, is approved in the 20th Ordinary Period of Sessions of the General Assembly of the Organization of American States, OAS.

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Protocol to the American Convention on Human Rights Relating to the Abolition of the Death Penalty",in Asunción, Paraguay, on June 8, 1990, in the 20th Regular Session of the General Assembly of the Organization of American States, OAS, that to the letter says:

(To be transcribed: photocopy of the full text of the international instrument mentioned).

PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS CONCERNING THE ABOLITION OF THE DEATH PENALTY

PREAMBLE

THE STATES PARTIES TO THIS PROTOCOL;

CONSIDERING:

That Article 4 of the American Convention on Human Rights recognizes the right to life and restricts the application of the death penalty;

That every person has the inalienable right to be respected his life without this right being suspended for any cause;

That the trend in the American States is favorable to the abolition of the death penalty;

That the application of the death penalty produces irreparable consequences that prevent the judicial error from being remedied and eliminate any possibility of amendment and rehabilitation of the process;

That the abolition of the death penalty contributes to ensuring more effective protection of the right to life;

That it is necessary to reach an international agreement that will mean a progressive development of the American Convention on Human Rights, and

Which States Parties to the American Convention on Human Rights have expressed their intention to commit by an international agreement, in order to consolidate the practice of non-application of the death penalty within the continent

HAVE AGREED

to subscribe the next

PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS CONCERNING THE ABOLITION OF THE DEATH PENALTY

ARTICLE 1. C-399-11 >

States parties to this Protocol shall not apply the death penalty on their territory to any person under their jurisdiction.

ARTICLE 2. C-399-11 >

1. No reservation shall be accepted for this Protocol. However, at the time of ratification or accession, States Parties to this instrument may declare that they reserve the right to apply the death penalty in time of war under international law for extremely serious criminal offences. military character.

2. The State party that makes such a reservation shall communicate to the Secretary General of the Organization of American States, at the time of ratification or accession, the relevant provisions of its national law applicable in time of war referred to in the preceding paragraph.

3. That State Party shall notify the Secretary-General of the Organization of American States of any commencement or end of a state of war applicable to its territory.

ARTICLE 3. C-399-11 >

This Protocol is open to the signature and ratification or accession of any State party to the American Convention on Human Rights.

The ratification of this Protocol or the accession to it will be carried out by the deposit of an instrument of ratification or accession in the General Secretariat of the Organization of American States.

ARTICLE 4. C-399-11 >

This Protocol shall enter into force for the States that ratify or accede to this Protocol from the deposit of the corresponding instrument of ratification or accession at the General Secretariat of the Organization of American States. (OAS).

I certify that the pre-inserted document is a faithful and accurate copy of the authentic Spanish text of the Protocol to the American Convention on Human Rights on the Abolition of the Death Penalty, adopted in Asuncion, Paraguay, on June 8 1990, at the 20th Regular Session of the General Assembly, and that the signed instrument is deposited with the General Secretariat of the Organization of American States.

September 13, 1990

I hereby certify that the foregoing document is a true and faithful copy of the authentic text in English of the Protocol to the American Convention on Human Rights to Abolish the Death Penalty, adopted at Asunción, Paraguay, on June 8, 1990, at the Twentieth Regular Session of the General Assembly, and that the above-mentioned signed instrument is on deposit with the General Secretariat of the Organization of American States.

September 13, 1990

Certifico que o documento precedent e copia fiel e exata do texto authentic em portuguese do Protocol a Convenção Americana sobre Direitos Humanos refereo a Abolicao da Peña de Morte, adotó em Asscunção, Paraguai, em 8 de junho de 1990, no Twentieth Regular Period of Sessões da Assembleia Geral; and that or referred to as an instrument found-to be deposited na Secretaria-Geral da Organização dos Estados Americanos.

13 of 1990 setembro

Je certifié que le texte qui précédé est une copie fidèle et conforme de la version authentique française du Prococole à la Convention américaine relative aux droits de l' homme traitant de l' abolition de la peine de mort, adopté à Asunción, Paraguay, le 8 juin 1990, lors de la vingemie Session ordinaire de l' Assemblée générale, et que l' instrument susmentionné a été déposé auprès du Secretariat général de l' Organisation des Etats Américains,

Le 13 septembre 1990

THE COORDINATOR OF THE TREATY AREA OF THE OFFICE OF THE MINISTRY OF FOREIGN RELATIONS

CERTIFIES:

That the reproduction of the text above is a faithful and complete photocopy of the Spanish text of the "Protocol to the American Convention on Human Rights Relating to the Abolition of the Death Penalty", adopted in Asunción, Paraguay, on 8 March. June 1990, at the 20th Regular Session of the General Assembly of the Organization of American States, OAS, taken from the copy certified by the Secretary General of the Organization of American States, OAS, a document that rests in the files in this Office.

Dada in Bogotá, D. C., at twelve (12) days of the month of September of two thousand eight (2008).

Treaty Area Coordinator, Legal Advisory Office,

Margarita Eliana Manjarrez Herrera.

BILL OF LAW No. ..

by means of which the "Protocol to the American Convention on Human Rights Relating to the Abolition of the Death Penalty", adopted in Asunción, Paraguay, on June 8, 1990, is approved in the Twenty-First Regular Session of the General Assembly of the Organization of American States, OAS.

The Congress of the Republic

Having regard to the text of the "Protocol to the American Convention on Human Rights Relating to the Abolition of the Death Penalty", adopted in Asuncion, Paraguay, on 8 June 1990, at the 20th Regular Session of the General Assembly of the Organization of American States, OAS.

(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Coordinator of the Area of Treaties).

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., on October 14, 2008.

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

Minister of Foreign Affairs,

(Fdo.) Jaime Bermudez Merizalde.

DECRETA:

ARTICLE 1o. Approve the "Protocol to the American Convention on Human Rights Relating to the Abolition of the Death Penalty", adopted in Asunción, Paraguay, on June 8, 1990, in the Twenty-th Period Regular Session of the General Assembly of the Organization of American States, OAS.

ARTICLE 2o. C-399-11 > In accordance with the provisions of Article 1 of Law 7^a of 1944, the " Protocol to the American Convention on Human Rights Relating to the Abolition of the Death ", adopted in Asunción, Paraguay, on June 8, 1990, at the 20th Regular Session of the General Assembly of the Organization of American States, OAS, which is approved by Article 1 of this Law, will force the country from the date on which the international link with respect to the link is improved.

ARTICLE 3o. C-399-11 > This law governs from the date of publication.

The President of the honorable Senate of the Republic,

JAVIER CACERES LEAL.

The Secretary General of the honorable Senate of the Republic,

EMILIO OTERO DAJUD.

The President of the honorable House of Representatives,

EDGAR ALFONSO GOMEZ ROMAN.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.

Dada in Bogotá, D. C., on September 13, 2010.

JUAN MANUEL SANTOS CALDERÓN

The Minister of the Interior and Justice,

GERMAN VARGAS LLERAS.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.