Advanced Search

RS 0.103.22 Second Optional Protocol of 15 December 1989 to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

Original Language Title: RS 0.103.22 Deuxième protocole facultatif du 15 décembre 1989 se rapportant au Pacte international relatif aux droits civils et politiques, visant à abolir la peine de mort

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.103.22

Original text

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

Conclu, New York, 15 December 1989

Approved by the Federal Assembly on December 17, 1993 1

Instrument of accession deposited by Switzerland on 16 June 1994

Entered into force for Switzerland on 16 September 1994

(State on 10 April 2015)

The States Parties to this Protocol,

Convinced that abolition of the death penalty contributes to the promotion of human dignity and the progressive development of human rights,

Recalling art. 3 of the Universal Declaration of Human Rights adopted on 10 December 1948, as well as art. 6 of the International Covenant on Civil and Political Rights adopted on 16 December 1966 2 ,

Noting that s. 6 of the International Covenant on Civil and Political Rights refers to the abolition of the death penalty in terms that clearly suggest that the abolition of the death penalty is desirable,

Convinced that all measures taken to abolish the death penalty should be considered as progress in the enjoyment of the right to life,

Wishing to suspend, by this Protocol, the international undertaking to abolish the death penalty,

Agreed to the following:

Art. 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 the jurisdiction of its jurisdiction.

Art. 2

(1) No reservation to this Protocol shall be admitted, outside the reservation formulated at the time of ratification or accession and providing for the application of the death penalty in time of war following a conviction for a crime of character Military, of extreme gravity, committed in wartime.

(2) The State Party making such reservation shall communicate to the Secretary-General of the United Nations, upon ratification or accession, the relevant provisions of its domestic legislation applicable in time of war.

The State Party having made such a reservation shall notify the Secretary-General of the United Nations of the declaration or the lifting of the state of war on its territory.

Art. 3

The States Parties to this Protocol shall report, in their reports to the Human Rights Committee under Art. 40 of the Covenant, of the measures adopted by them to give effect to this Protocol.

Art. 4

As regards the States parties to the Covenant which have made the declaration provided for in Art. 41, the competence of the Human Rights Committee to receive and examine communications in which a State Party claims that another State Party is not fulfilling its obligations extends to the provisions of this Protocol, to Less than the State Party concerned has made a declaration in the contrary at the time of ratification or accession.

Art. 5

With regard to the 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 shall extend to the provisions of this Protocol, unless the State party in question has made a declaration in the contrary at the time of ratification or accession.

Art. 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 provided for in Art. 2 of this Protocol, the right guaranteed by. 1 of the art. 1 of this Protocol shall not be subject to any of the derogations referred to in Art. 4 of the Covenant.

Art. 7

(1) This Protocol shall be open for signature by any State which has signed the Covenant.

(2) This Protocol shall be subject to ratification by any State which has ratified or acceded to the Covenant. 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 which has ratified or acceded to the Covenant.

4. Accession shall be made by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed or acceded to this Protocol of the deposit of each instrument of ratification or accession.

Art. 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 said Protocol shall enter into force three months after the date of deposit by that State of its instrument of Ratification or accession.

Art.

The provisions of this Protocol shall apply, without any limitation or exception, to all constituent units of Federative States.

Art. 10

The Secretary-General of the United Nations shall inform all States referred to in para. 1 of the art. 48 of the Covenant:

(a)
Reservations, communications and notifications received under Art. 2 of this Protocol;
(b)
Declarations made under s. 4 or 5 of this Protocol;
(c)
The signatures to this Protocol and the instruments of ratification and accession deposited in accordance with Art. 7 of this Protocol;
(d)
Of the date on which this Protocol enters into force in accordance with Art. 8 of this.
Art. 11

This Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish 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 Art. 48 of the Covenant.

Scope of application on 10 April 2015 3

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

South Africa

August 28

2002 A

28 November

2002

Albania

17 October

2007 A

17 January

2008

Germany * *

August 18

1992

18 November

1992

Andorra

22 September

2006

22 December

2006

Argentina

2 September

2008

2 December

2008

Australia

2 October

1990 A

July 11

1991

Austria * *

2 March

1993

2 June

1993

Azerbaijan *

22 January

1999 A

22 April

1999

Belgium

8 December

1998

8 March

1999

Benin

July 5

2012 A

5 October

2012

Bolivia

July 12

2013 A

12 October

2013

Bosnia and Herzegovina

March 16

2001

June 16

2001

Brazil *

September 25

2009 A

25 December

2009

Bulgaria

10 August

1999

10 November

1999

Canada

25 November

2005 A

25 February

2006

Cape Verde

19 May

2000 A

19 August

2000

Chile *

26 September

2008

26 December

2008

Cyprus

10 September

1999 A

10 December

1999

Colombia

August 5

1997 A

5 November

1997

Costa Rica

5 June

1998

September 5

1998

Croatia

12 October

1995 A

12 January

1996

Denmark

24 February

1994

24 May

1994

Djibouti

5 November

2002 A

5 February

2003

El Salvador *

April 8

2014 A

July 8

2014

Ecuador

23 February

1993 A

23 May

1993

Spain * *

April 11

1991

July 11

1991

Estonia

30 January

2004 A

April 30

2004

Finland * *

April 4

1991

July 11

1991

France * *

2 October

2007 A

2 January

2008

Gabon

2 April

2014 A

July 2

2014

Georgia

22 March

1999 A

22 June

1999

Greece *

5 May

1997 A

August 5

1997

Guinea-Bissau

24 September

2013

24 December

2013

Honduras

1 Er April

2008

1 Er July

2008

Hungary

24 February

1994 A

24 May

1994

Ireland

18 June

1993 A

18 September

1993

Iceland

2 April

1991

July 11

1991

Italy * *

February 14

1995

14 May

1995

Kyrgyzstan

6 December

2010 A

6 March

2011

Latvia

19 April

2013 A

19 July

2013

Liberia

16 September

2005 A

16 December

2005

Liechtenstein

10 December

1998 A

10 March

1999

Lithuania

March 27

2002

27 June

2002

Luxembourg

12 February

1992

12 May

1992

Macedonia

26 January

1995 A

April 26

1995

Malta

29 December

1994 A

March 29

1995

Mexico

26 September

2007 A

26 December

2007

Moldova *

September 20

2006 A

20 December

2006

Monaco

28 March

2000 A

28 June

2000

Mongolia

13 March

2012 A

13 June

2012

Montenegro

23 October

2006 S

3 June

2006

Mozambique

July 21

1993 A

21 October

1993

Namibia

28 November

1994 A

28 February

1995

Nepal

March 4

1998 A

4 June

1998

Nicaragua

25 February

2009

25 May

2009

Norway * *

September 5

1991

5 December

1991

New Zealand

22 February

1990

July 11

1991

Uzbekistan

December 23

2008 A

23 March

2009

Panama

21 January

1993 A

April 21

1993

Paraguay

August 18

2003 A

18 November

2003

Country-Bas** A

26 March

1991

July 11

1991

Aruba

26 March

1991

July 11

1991

Curaçao

26 March

1991

July 11

1991

Caribbean (Bonaire, Sint Eustatius and Saba)

26 March

1991

July 11

1991

Sint Maarten

26 March

1991

July 11

1991

Philippines

20 November

2007

20 February

2008

Poland * *

April 25

2014

July 25

2014

Portugal * *

17 October

1990

July 11

1991

Czech Republic

15 June

2004 A

September 15

2004

Romania

February 27

1991

July 11

1991

United Kingdom

10 December

1999

10 March

2000

Guernsey

10 December

1999

10 March

2000

Isle of Man

10 December

1999

10 March

2000

Jersey

10 December

1999

10 March

2000

Rwanda

15 December

2008 A

15 March

2009

San Marino

August 17

2004

17 November

2004

Serbia

September 6

2001 A

6 December

2001

Seychelles

15 December

1994 A

15 March

1995

Slovakia

22 June

1999

22 September

1999

Slovenia

10 March

1994

10 June

1994

Sweden * *

11 May

1990

July 11

1991

Switzerland * *

June 16

1994 A

16 September

1994

Timor-Leste

18 September

2003 A

18 December

2003

Turkmenistan

11 January

2000 A

April 11

2000

Turkey

2 March

2006

2 June

2006

Ukraine

July 25

2007 A

25 October

2007

Uruguay

21 January

1993

April 21

1993

Venezuela

22 February

1993

22 May

1993

*
Reservations and declarations.
**
Objections.
Reservations, declarations and objections are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A For the Kingdom in Europe.


RO 1994 2202; FF 1993 I 943


1 RO 1994 2201
2 RS 0.103.2
3 This publication supplements the information on the OR 1994 2202, 2006 1649, 2007 4667, 2008 4195, 2009 1289, 2012 3597, 2014 1363, 2015 1221. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status April 10, 2015