A/HRC/4/78 page 4 During 2006, Luxembourg, Moldova, the Netherlands and Turkey ratified Protocol No. 13 to the European Convention on Human Rights (ECHR), abolishing the death penalty in all circumstances. In May 2006, Armenia signed Protocol No. 13. In December 2006, Argentina signed the Protocol to the American Convention on Human Rights (ACHR) to abolish the death penalty. B. Countries which have abolished the death penalty for ordinary crimes 6. During the reporting period, no country abolished the death penalty for ordinary crimes only. C. Countries which have restricted the scope of the death penalty or are limiting its use 7. In March 2006, the Judicial Committee of the Privy Council, the highest court of appeal for many Caribbean countries, ruled that the practice of mandatory death sentence was not consistent with the Constitution of the Bahamas. It held that section 312 of the Constitution should be construed as imposing a discretionary and not a mandatory sentence of death.1 D. Countries which have ratified international instruments that provide for the abolition of the death penalty 8. There are one international and three regional instruments in force which commit States parties to abolishing the death penalty: the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) aiming at the abolition of the death penalty; Protocol No. 6 to ECHR; Protocol No. 13 to ECHR; and the Protocol to ACHR to abolish the death penalty. Protocol No. 6 to ECHR concerns the abolition of the death penalty in peacetime. The Second Optional Protocol to ICCPR and the Protocol to ACHR provide for the total abolition of the death penalty, but allow States wishing to do so to retain the death penalty in wartime, if they make a reservation to that effect upon ratification. Protocol No. 13 concerns the abolition of the death penalty in all circumstances, including for acts committed in times of war and of imminent threat of war. ICCPR and various regional human rights treaties contain provisions that restrict the application of the death penalty. 9. During the reporting period, four States acceded to the Second Optional Protocol to ICCPR, namely, Andorra on 22 September 2006, Moldova on 20 September 2006, Montenegro on 23 October 2006 and Turkey on 2 March 2006. The Philippines signed the Second Optional Protocol to ICCPR on 20 September 2006. Four States ratified Protocol No. 13 to ECHR, namely, Luxembourg on 21 March 2006, Moldova on 18 October 2006, the Netherlands on 2 February 2006, and Turkey on 20 February 2006. Armenia signed Protocol No. 13 on 19 May 2006. In December 2006, Argentina signed the Protocol to ACHR to abolish the death penalty. 1 Forrester Bowe Junior and Trono Davis v. The Queen, judgement of the Lords of the Juridical Committee of the Privy Council, 8 March 2006, Privy Council Appeal No. 44 of 2005, at para. 43.

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