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Decree No. 2008-193, February 27, 2008, On The Publication Of The Protocol No. 13 To The Convention For The Protection Of The Rights Of Man And Fundamental Freedoms, Concerning The Abolition Of The Death Penalty In All Circumstances, Adopted At Vilni...

Original Language Title: Décret n° 2008-193 du 27 février 2008 portant publication du protocole n° 13 à la Convention de sauvegarde des droits de l'homme et des libertés fondamentales, relatif à l'abolition de la peine de mort en toutes circonstances, adopté à Vilni...

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Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

BUSINESS AND EUROPEAN , INTERNATIONAL AGREEMENT , RATIFICATION , PROTOCOL No. 13 , SAUVEGARD CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS , ALL CIRCONSTANCES , MADE OF MORT


JORF no.0051 of 29 February 2008 page 3560
text No. 25



Decree No. 2008-193 of 27 February 2008 on the publication of Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the abolition of the death penalty in all circumstances, adopted at Vilnius on 3 May 2002 (1)

NOR: MAEJ08034D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/2/27/MAEJ0803434D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/2/27/2008-193/jo/texte


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. 2007-1165 of 1 August 2007 authorizing the ratification of Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances, adopted at Vilnius on 3 May 2002;
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. 74-360 of 3 May 1974 issuing the publication of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed on 4 November 1950, of its Additional Protocols No. 1, 3, 4 and 5, signed on 20 March 1952, 6 May 1963, 16 September 1963 and 20 January 1966, as well as statements and reservations made by the Government of the French Republic upon ratification;
Vu le Decree No. 86-282 of 28 February 1986 issuing Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty, made in Strasbourg on 28 April 1983,
Decrete:

Article 1 Learn more about this article...


Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances, adopted at Vilnius on 3 May 2002, will be published in the Official Journal of the French Republic.

Article 2


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.

  • Annex



    P R O T O C O L E No. 1 3


    TO THE CONVENTION OF THE SAUVEGARD OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, RELATING TO THE ABSOLITION OF THE PEINE OF MORT IN ALL CIRSTANCES
    The States members of the Council of Europe, signatories to this Protocol,
    Convinced that the right of every person to life is a fundamental value in a democratic society, and that the abolition of the death penalty is essential to the protection of this right and to the full recognition of the inherent dignity of all human beings;
    Wishing to strengthen the protection of the right to life guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 (hereinafter referred to as "the Convention");
    Noting that Protocol No. 6 to the Convention concerning the abolition of the death penalty, signed in Strasbourg on 28 April 1983, does not exclude the death penalty for acts committed in times of war or imminent danger of war;
    Determined to take the ultimate step to abolish the death penalty in all circumstances,
    agreed that:


    Article 1
    Abolition of the death penalty


    The death penalty is abolished. No one can be sentenced to such punishment or executed.


    Article 2
    Prohibition of exemptions


    No derogation is permitted under the provisions of this Protocol under Article 15 of the Convention.


    Article 3
    Prohibition of reservations


    No reservation is permitted to the provisions of this Protocol under Article 57 of the Convention.


    Article 4
    Territorial application


    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 for that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary-General.
    3. Any declaration made under the preceding two paragraphs may be withdrawn or amended, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal or modification shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.


    Article 5
    Relations with the Convention


    States Parties shall consider Articles 1 to 4 of this Protocol as additional articles to the Convention, and all provisions of the Convention shall apply accordingly.


    Article 6
    Signature and ratification


    This Protocol is open for signature by the States members of the Council of Europe that have signed the Convention. It will be subject to ratification, acceptance or approval. A Member State of the Council of Europe may 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 7
    Entry into force


    1. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which ten Member States of the Council of Europe have expressed their consent to be bound by this Protocol in accordance with the provisions of Article 6.
    2. For any Member State that subsequently expresses its consent to be bound by this Protocol, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.


    Article 8
    Functions of the depositary


    The Secretary General of the Council of Europe will notify all the member states of the Council of Europe:
    (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 4 and 7;
    (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 Vilnius, on 3 May 2002, 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.


Done in Paris, 27 February 2008.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This Protocol entered into force on 1 February 2008.
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