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RS 0.101.093 Protocol no 13 of 3 May 2002 to the Convention for the Protection of Human Rights and Fundamental Freedoms, relating to the abolition of the death penalty in all circumstances

Original Language Title: RS 0.101.093 Protocole no 13 du 3 mai 2002 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

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0.101.093

Original text

Protocol n O 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, relating to the abolition of the death penalty in all circumstances

Conclu in Vilnius on 3 May 2002
Instrument of ratification deposited by Switzerland on 3 May 2002
Entry into force for Switzerland on 1 Er July 2003

(State on 11 April 2013)

The member States 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 that 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 1 Signed in Rome on 4 November 1950 (hereinafter referred to as "the Convention");

Noting that Protocol No. O 6 to the Convention on the Abolition of the Death Penalty 2 , signed in Strasbourg on 28 April 1983, does not exclude the death penalty for acts committed in time of war or of imminent danger of war;

Resolved to take the ultimate step in order to abolish the death penalty in all circumstances,

Agreed to the following:

Art. 1 Abolition of the death penalty

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

Art. 2 Prohibition of derogations

No derogation shall be permitted to the provisions of this Protocol under Art. 15 of the Convention.

Art. 3 Prohibition of reservations

No reservation shall be made to the provisions of this Protocol under Art. 57 of the Convention.

Art. 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 in respect of 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 two preceding paragraphs may be withdrawn or amended, in respect of any territory designated in that declaration, by notification addressed to the Secretary-General. 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.

Art. 5 Relations with the Convention

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

Art. 6 Signature and ratification

This Protocol shall be open for signature by the member States of the Council of Europe which have signed the Convention. It shall 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 shall be deposited with the Secretary General of the Council of Europe.

Art. 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 his art. 6.

(2) For any Member State which subsequently expresses its consent to be bound by this Protocol, it 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.

Art. 8 Depositary functions Scope of application on 11 April 2013

The Secretary General of the Council of Europe will notify all Council of Europe member states of:

(a)
Any signature;
(b)
Deposit of any instrument of ratification, acceptance or approval;
(c)
Any date of entry into force of this Protocol in accordance with its art. 4 and 7;
(d)
Any other act, notification or communication relating to this Protocol.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Protocol.

Done at Vilnius, on 3 May 2002, in English and French, both texts being equally authentic, in a single copy which shall 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.

(Suivent signatures)

Scope of application on 11 April 2013 3

States Parties

Ratification

Entry into force

Albania

February 6

2007

1 Er June

2007

Germany

11 October

2004

1 Er February

2005

Andorra

26 March

2003

1 Er July

2003

Austria

12 January

2004

1 Er May

2004

Belgium

23 June

2003

1 Er October

2003

Bosnia and Herzegovina

July 29

2003

1 Er November

2003

Bulgaria

13 February

2003

1 Er July

2003

Cyprus

12 March

2003

1 Er July

2003

Croatia

3 February

2003

1 Er July

2003

Denmark

28 November

2002

1 Er July

2003

Greenland

1 Er May

2004

1 Er May

2004

Faroe Islands

1 Er November

2003

1 Er November

2003

Spain *

16 December

2009

1 Er April

2010

Estonia

25 February

2004

1 Er June

2004

Finland

29 November

2004

1 Er March

2005

France

10 October

2007

1 Er February

2008

Georgia *

22 May

2003

1 Er September

2003

Greece

1 Er February

2005

1 Er June

2005

Hungary

July 16

2003

1 Er November

2003

Ireland

3 May

2002

1 Er July

2003

Iceland

10 November

2004

1 Er March

2005

Italy

3 March

2009

1 Er July

2009

Latvia

26 January

2012

1 Er May

2012

Liechtenstein

5 December

2002

1 Er July

2003

Lithuania

29 January

2004

1 Er May

2004

Luxembourg

21 March

2006

1 Er July

2006

Macedonia

July 13

2004

1 Er November

2004

Malta

3 May

2002

1 Er July

2003

Moldova *

18 October

2006

1 Er February

2007

Monaco

30 November

2005

1 Er March

2006

Montenegro

6 June

2006 S

6 June

2006

Norway

August 16

2005

1 Er December

2005

Netherlands A

10 February

2006

1 Er June

2006

Netherlands Antilles

10 February

2006

1 Er June

2006

Aruba

10 February

2006

1 June

2006

Curaçao

10 February

2006

1 Er June

2006

Caribbean (Bonaire, Sint Eustatius and Saba)

10 February

2006

1 Er June

2006

Sint Maarten

10 February

2006

1 Er June

2006

Portugal

3 October

2003

1 Er February

2004

Czech Republic

July 2

2004

1 Er November

2004

Romania

7 April

2003

1 Er August

2003

United Kingdom

10 October

2003

1 Er February

2004

Akrotiri and Dhekelia

1 Er April

2004

1 Er August

2004

Anguilla

30 January

2007

1 Er May

2007

Bermuda

30 January

2007

1 Er May

2007

South Georgia and South Sandwich Islands

30 January

2007

1 Er May

2007

Gibraltar

30 January

2007

1 Er May

2007

Guernsey

April 16

2004

1 Er August

2004

Isle of Man

April 16

2004

1 Er August

2004

Falkland Islands

30 January

2007

1 Er May

2007

Turks and Caicos Islands

30 January

2007

1 Er May

2007

Jersey

April 16

2004

1 Er August

2004

Montserrat

30 January

2007

1 Er May

2007

St. Helena and Dependencies (Ascension and Tristan da Cunha)

30 January

2007

1 Er May

2007

San Marino

April 25

2003

1 Er August

2003

Serbia

3 March

2004

1 Er July

2004

Slovakia

August 18

2005

1 Er December

2005

Slovenia

4 December

2003

1 Er April

2004

Sweden

22 April

2003

1 Er August

2003

Switzerland

3 May

2002

1 Er July

2003

Turkey

20 February

2006

1 Er June

2006

Ukraine

March 11

2003

1 Er July

2003

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

For the Kingdom in Europe


1 RS 0.101
2 RS 0.101.06
3 RO 2003 2577 , 2004 3577, 2005 1901, 2006 2013, 2007 1321, 2010 565, 2013 1227. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on April 11, 2013