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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