STATUS REPORT

SECOND OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, AIMING AT THE ABOLITION OF THE DEATH PENALTY

(New York, 15/12/1989)

ENTRY INTO FORCE : 12-Jul-95

Depositary: Secretary-General of the United Nations

Last updated by PacLII: 17/05/06
Parties Date of Signature Date of ratification
/
Other 		Entry Into Force Domestication Legislation
(where available)
Andorra 5 Aug 2002      
Australia   2 Oct 1990 a    
Austria 8 Apr 1991 2 Mar 1993    
Azerbaijan [#]   22 Jan 1999 a    
Belgium 12 Jul 1990 8 Dec 1998    
Bosnia and Herzegovina 7 Sep 2000 16 Mar 2001    
Bulgaria 11 Mar 1999 10 Aug 1999    
Canada   25 Nov 2005 a    
Cape Verde   19 May 2000 a    
Chile 15 Nov 2001      
Colombia   5 Aug 1997 a    
Costa Rica 14 Feb 1990 5 Jun 1998    
Croatia   12 Oct 1995 a    
Cyprus [#]   10 Sep 1999 a    
Czech Republic   15 Jun 2004 a    
Denmark 13 Feb 1990 24 Feb 1994    
Djibouti   5 Nov 2002 a    
Ecuador   23 Feb 1993 a    
Estonia   30 Jan 2004 a    
Finland 13 Feb 1990 4 Apr 1991    
Georgia   22 Mar 1999 a    
Germany 2 13 Feb 1990 18 Aug 1992    
Greece [#]   5 May 1997 a    
Guinea-Bissau 12 Sep 2000      
Honduras 10 May 1990      
Hungary   24 Feb 1994 a    
Iceland 30 Jan 1991 2 Apr 1991    
Ireland   18 Jun 1993 a    
Italy 13 Feb 1990 14 Feb 1995    
Liberia   16 Sep 2005 a    
Liechtenstein   10 Dec 1998 a    
Lithuania 8 Sep 2000 27 Mar 2002    
Luxembourg 13 Feb 1990 12 Feb 1992    
Malta [#]   29 Dec 1994 a    
Monaco   28 Mar 2000 a    
Mozambique   21 Jul 1993 a    
Namibia   28 Nov 1994 a    
Nepal   4 Mar 1998 a    
Netherlands 3 09 Aug 1990 26 Mar 1991    
New Zealand 4 22 Feb 1990 22 Feb 1990    
Nicaragua 21 Feb 1990      
Norway 13 Feb 1990 5 Sep 1991    
Panama   21 Jan 1993 a    
Paraguay   18 Aug 2003 a    
Poland 21 Mar 2000      
Portugal 13 Feb 1990 17 Oct 1990    
Romania 15 Mar 1990 27 Feb 1991    
San Marino 26 Sep 2003 17 Aug 2004    
Sao Tome and Principe 6 Sep 2000      
Serbia and Montenegro   6 Sep 2001 a    
Seychelles   15 Dec 1994 a    
Slovakia 22 Sep 1998 22 Jun 1999    
Slovenia 14 Sep 1993 10 Mar 1994    
South Africa   28 Aug 2002 a    
Spain 5 [#] 23 Feb 1990 11 Apr 1991    
Sweden 13 Feb 1990 11 May 1990    
Switzerland   16 Jun 1994 a    
The Former Yugoslav Republic of Macedonia   26 Jan 1995 a    
Timor-Leste   18 Sep 2003 a    
Turkey 6 Apr 2004 2 Mar 2006    
Turkmenistan   11 Jan 2000 a    
United Kingdom of Great Britain and Northern Ireland 6 31 Mar 1999 10 Dec 1999    
Uruguay 13 Feb 1990 21 Jan 1993    
Venezuela (Bolivarian Republic of) 7 Jun 1990 22 Feb 1993    
Keys:
  • Accession (a)
  • Acceptance (A)
  • Approval (AA)
  • Definitive Signature (s)
  • Formal confirmation (c)
  • Participation (P)
  • Notification (of provisional application, of special undertaking, etc) (n)
  • Ratification (Rt)
  • Reservation (r)
  • Succession (d)

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification or accession.)


Azerbaijan [up]

Reservation

The Republic of Azerbaijan, adopting the [said Protocol], in exceptional cases, adopting the special law, allows the application of death penalty for the grave crimes, committed during the war or in condition of the threat of war.


Cyprus [up]

Reservation

The Republic of Cyprus in accordance with article 2.1 of the [...] Protocol reserves the right to apply the Death Penalty in time of war pursuant to a conviction of a most serious crime of a military nature committed during wartime.


Greece [up]

Reservation

Subject to article 2 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

Spain 4


Malta [up]

Reservation

Pursuant to article 2, Malta reserves the right to apply the death penalty to persons subject to the Malta Armed Forces Act (Chapter 220 of the revised edition of the Laws of Malta), which Act provides that the death penalty may be awarded in exceptional and serious cases defined therein, but only in times of war

Azerbaijan 7

Reservation

The Republic of Azerbaijan, adopting the [said Protocol], in exceptional cases, adopting the special law, allows the application of death penalty for the grave crimes, committed during the war or in condition of the threat of war.

28 September 2000

It is provided for the application of the death penalty in time of war pursuant to a conviction of a person for a most serious crime of a military nature committed during wartime.

Cyprus 8


Greece [up]

Reservation

Subject to article 2 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


Spain 5 [up]

Malta 9

Objections

(Unless otherwise indicated, the objections were made

upon ratification or accession.)

France

8 February 2000

With regard to the reservation made by Azerbaijan upon accession

... This reservation, in allowing the application of the death penalty for grave crimes committed during war or 'in condition of the threat of war', exceeds the scope of the reservations permitted under article 2, paragraph 1, of the Protocol. Under this article, only 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' is admissible. Consequently, the Government of the French Republic expresses its objection to this reservation, without prejudice to the entry into force of the Protocol between Azerbaijan and France

Notes

1. Official Records of the General Assembly, Forty-fourth Session, Supplement No. 49 (A/44/49) , p. 206

2. The German Democratic Republic signed and ratified the Proto-col on 7 March 1990 and 16 August 1990, respectively. See also note 2 under "Germany" in the "Historical Information" section in the front matter of this volume

3. For the Kingdom in Europe, the Netherlands Antilles and Aruba

4. See also note 1 under "New Zealand" regarding Tokelau in the "Historical Information" section in the front matter of this volume

5. On 13 January 1998, the Government of Spain notified the Secretary-General that it had decided to withdraw its reservation made upon ratification. The reservation reads as follows

Pursuant to article 2, Spain reserves the right to apply the death penalty in the exceptional and extremely serious cases provided for in Fundamental Act No. 13/1985 of 9 December 1985 regulating the Military Criminal Code, in wartime as defined in article 25 of that Act

6. In respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man

7. With regard to the reservation made by Azerbaijain upon accession, the Secretary-General received communications from the following States on the dates indicated hereinafter

Finland (17 March 2000)

The Government of Finland notes that, according to Article 2 of the Second Optional Protocol, a reservation other than the kind referred to in the same Article is not acceptable. The reservation made by the Government of Azerbaijan is partly in contradiction with Article 2 as it does not limit the application of death penalty to the most serious crimes of a military nature committed during the time of war

The Government of Finland therefore objects to the reservation made by the Government of Azerbaijan to the said Protocol

This objection does not preclude the entry into force of the Second Optional Protocol between Azerbaijan and Finland. The Optional Protocol will thus become operative between the two states without Azerbaijan benefitting from the reservation.

Germany (3 March 2000)

The reservation allows the application of the death penalty for grave crimes committed during war 'or in condition of the threat of war'. Thus the reservation is partly in contradiction of article 2 of the Protocol since it does not limit the application of the death penalty to the most serious crimes of a military nature committed during the time of war

The Government of the Federal Republic of Germany therefore objects to the reservation by the Government of Azerbaijan. This objection does not preclude the entry into force of the Protocol between Azerbaijan and Germany.

Sweden (27 April 2000)

The Government of Sweden recalls that reservations other than the kind referred to in Article 2 of the Protocol are not permitted. The reservation made by the Government of Azerbaijan goes beyond the limit of Article 2 of the Protocol, as it does not limit the application of the death penalty to the most serious crimes of a military nature committed during the time of war

The Government of Sweden therefore objects to the aforesaid reservation made by the Government of Azerbaijan to the Second Optional Protocol to the International Covenant on Civil and Political Rights

This shall not preclude the entry into force of the Second Optional Protocol to the International Covenant on Civil and Political Rights between the Republic of Azerbaijan and the Kingdom of Sweden, without Azerbaijan benefiting from the reservation.

Netherlands (17 July 2000)

The Government of the Kingdom of the Netherlands notes that, according to Article 2 of the Second Optional Protocol, a reservation other than the kind referred to in the same Article is not acceptable. The reservation made by the Government of Azerbaijan is in contradiction with Article 2 as it does not limit the application of death penalty to the most serious crimes of a military nature committed during the time of war

The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservation made by the Government of Azerbaijan

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Azerbaijan.

Subsequently, on 28 September 2000, the Government of Azerbaijan communicated to the Secretary-General a modification to its reservation made upon accession. Within a period of 12 months from the date of its circulation, i.e. on 5 October 2000, none of the Contracting States to the Protocol notified the Secretary-General of an objection. Consequently, the modified reservation was deemed to have been accepted for deposit upon the expiration of the 12 month period, i.e., on 5 October 2001

8. On 20 June 2003, the Government of Cyprus informed the Secretary-General that it had decided to withdraw its reservation made upon accession to the Optional Protocol. The reservation reads as follows

The Republic of Cyprus in accordance with article 2.1 of the [...] Protocol reserves the right to apply the Death Penalty in time of war pursuant to a conviction of a most serious crime of a military nature committed during wartime.

9. In a communication received on 15 June 2000, the Government of Malta informed the Secretary-General that it had decided to withdraw its reservation made upon accession. For the text of the reservation, see United Nations, Treaty Serie s, vol. 1844, p. 318

© 1998 University of the South Pacific

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