Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death
penalty
Adopted and
proclaimed by General Assembly resolution 44/128 of 15 December
1989
The
States Parties to the present Protocol,
Believing
that abolition of the death penalty contributes to enhancement of human
dignity and progressive development of human rights,
Recalling
article 3 of the Universal Declaration of Human Rights, adopted on 10
December 1948, and 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 abolition of the death penalty in terms that strongly suggest
that abolition is desirable,
Convinced
that all measures of abolition of the death penalty should be considered
as progress in the enjoyment of the right to life,
Desirous to
undertake hereby an international commitment to abolish the death
penalty,
Have agreed
as follows:
Article 1
1. No one
within the jurisdiction of a State Party to the present Protocol shall
be executed.
2. Each
State Party shall take all necessary measures to abolish the death
penalty within its jurisdiction.
Article 2
1. No
reservation is admissible to the present Protocol, except for a
reservation made at the time of ratification or accession that provides
for the application of the death penalty in time of war pursuant to a
conviction for a most serious crime of a military nature committed
during wartime.
2. The
State Party making such a reservation shall at the time of ratification
or accession communicate to the Secretary-General of the United Nations
the relevant provisions of its national legislation applicable during
wartime.
3. The
State Party having made such a reservation shall notify the
Secretary-General of the United Nations of any beginning or ending of a
state of war applicable to its territory.
Article 3
The States
Parties to the present Protocol shall include in the reports they submit
to the Human Rights Committee, in accordance with article 40 of the
Covenant, information on the measures that they have adopted to give
effect to the present Protocol.
Article 4
With
respect to the States Parties to the Covenant that have made a
declaration under article 41, the competence of the Human Rights
Committee to receive and consider communications when a State Party
claims that another State Party is not fulfilling its obligations shall
extend to the provisions of the present Protocol, unless the State Party
concerned has made a statement to the contrary at the moment of
ratification or accession.
Article 5
With
respect 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 subject to its jurisdiction
shall extend to the provisions of the present Protocol, unless the State
Party concerned has made a statement to the contrary at the moment of
ratification or accession.
Article 6
1. The
provisions of the present Protocol shall apply as additional provisions
to the Covenant.
2. Without
prejudice to the possibility of a reservation under article 2 of the
present Protocol, the right guaranteed in article 1, paragraph 1, of the
present Protocol shall not be subject to any derogation under article 4
of the Covenant.
Article 7
1. The
present Protocol is open for signature by any State that has signed the
Covenant. 2. The present Protocol is subject to ratification by any
State that has ratified the Covenant or acceded to it. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
3. The
present Protocol shall be open to accession by any State that has
ratified the Covenant or acceded to it.
4.
Accession shall be effected 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 that
have signed the present Protocol or acceded to it of the deposit of each
instrument of ratification or accession.
Article 8
1. The
present Protocol shall enter into force three months after the date of
the deposit with the Secretary-General of the United Nations of the
tenth instrument of ratification or accession.
2. For
each State ratifying the present Protocol or acceding to it after the
deposit of the tenth instrument of ratification or accession, the
present Protocol shall enter into force three months after the date of
the deposit of its own instrument of ratification or accession.
Article 9
The
provisions of the present Protocol shall extend to all parts of federal
States without any limitations or exceptions.
Article 10
The
Secretary-General of the United Nations shall inform all States referred
to in article 48, paragraph 1, of the Covenant of the following
particulars:
(a)
Reservations, communications and notifications under article 2 of the
present Protocol;
(b)
Statements made under articles 4 or 5 of the present Protocol;
(c)
Signatures, ratifications and accessions under article 7 of the present
Protocol:
(d) The
date of the entry into force of the present Protocol under article 8
thereof.
Article 11
1. The
present 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 the present Protocol to all States referred to in article 48 of the
Covenant.
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