Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2007-1164 of 1 August 2007 authorizing the accession to the Second Optional Protocol to the International Covenant on Civil and Political Rights to abolish the death penalty;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 81-76 of 29 January 1981 publishing the International Covenant on Civil and Political Rights, opened for signature in New York on 19 December 1966;
Vu le Decree No. 84-418 of 25 May 1984 Publication of the Optional Protocol to the International Covenant on Civil and Political Rights, opened for signature in New York on 19 December 1966,
Decrete:
The second optional protocol to the International Covenant on Civil and Political Rights to abolish the death penalty, adopted in New York on 15 December 1989, will be published in the Official Gazette of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Second Optional Protocol
REPORTING THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
States Parties to this Protocol,
Convinced that the abolition of the death penalty contributes to the promotion of human dignity and the progressive development of human rights,
Recalling article 3 of the Universal Declaration of Human Rights adopted on 10 December 1948, as well as article 6 of the International Covenant on Civil and Political Rights adopted on 16 December 1966,
Noting that article 6 of the International Covenant on Civil and Political Rights refers to the abolition of the death penalty in terms that unambiguously suggest that the abolition of the death penalty is desirable,
Convinced that all measures taken with regard to the abolition of the death penalty must be considered as progress in the enjoyment of the right to life,
Desirous of taking, by this Protocol, the international commitment to abolish the death penalty,
The following agreed:
Article 1
1. No person under the jurisdiction of a State Party to this Protocol shall be executed.
2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.
Article 2
1. There shall be no reservation to this Protocol, other than the reservation made at the time of ratification or accession and providing for the application of the death penalty in wartime following a conviction for a crime of a military character, of an extreme gravity committed in times of war.
2. The State party making 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 domestic legislation that apply in time of war.
3. The State Party having formulated such a reservation shall notify the Secretary General of the United Nations of the proclamation or lifting of the state of war on its territory.
Article 3
The States parties to this Protocol shall state, in their reports to the Human Rights Committee under article 40 of the Covenant, the measures they have adopted to give effect to this Protocol.
Article 4
With regard to the States parties to the Covenant that have made the declaration provided for in article 41, the competence recognized in the Human Rights Committee to receive and consider communications in which a State party claims that another State party does not fulfil its obligations extends to the provisions of this Protocol, unless the State party concerned has made a declaration in a manner contrary to the ratification or accession.
Article 5
With regard to 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 Human Rights Committee to receive and consider communications from individuals within their jurisdiction extends to the provisions of this Protocol, unless the State party concerned has made a declaration in a manner contrary to the ratification or accession.
Article 6
1. The provisions of this Protocol shall apply as additional provisions of the Covenant.
2. Without prejudice to the possibility of formulating the reservation under Article 2 of this Protocol, the right guaranteed in Article 1, paragraph 1, of this Protocol shall not be subject to any of the exemptions referred to in Article 4 of 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 or acceded to the Covenant. Instruments of ratification will be deposited with the Secretary-General of the United Nations.
3. This Protocol shall be open to the accession of any State that has ratified or acceded to the Covenant.
4. Membership shall be effected by the deposit of an instrument of accession to the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations will inform all States that have signed or acceded to this Protocol of the deposit of each instrument of ratification or accession.
Article 8
1. This Protocol shall enter into force three months after the date of deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.
2. For each State ratifying or acceding to this Protocol after the deposit of the tenth instrument of ratification or accession, the Protocol shall enter into force three months after the date of the deposit by that State of its instrument of ratification or accession.
Article 9
The provisions of this Protocol shall apply, without limitation or exception, to all constituent units of the Federative States.
Article 10
The Secretary-General of the United Nations will inform all States referred to in article 48, paragraph 1, of the Covenant:
(a) Reservations, communications and notifications received under Article 2 of this Protocol;
(b) Statements made under articles 4 or 5 of this Protocol;
(c) Signatures affixed to this Protocol and instruments of ratification and accession deposited in accordance with Article 7 of this Protocol;
(d) From the date on which this Protocol comes into force in accordance with Article 8 of this Protocol.
Article 11
1. This Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, will be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of this Protocol to all States referred to in article 48 of the Covenant.
Done in Paris, January 10, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
