A/HRC/12/45
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further States ratified the Optional Protocol, namely Argentina on 2 September 2008, Chile on
26 September 2008 and Nicaragua on 25 February 2009. Chile formulated a reservation
authorized under article 2, paragraph 1, of the Optional Protocol such that it may apply the death
penalty in time of war pursuant to a conviction for a most serious crime of a military nature
committed during wartime. Argentina ratified without reservation.
13. There were no new ratifications or accessions to Protocol No. 6 to ECHR during the
reporting period.
14. One State, Italy, ratified Protocol No. 13 to ECHR during the reporting period, it entering
into force on 1 July 2009.
15. Argentina ratified the Protocol to the American Convention on Human Rights to Abolish
the Death Penalty on 18 June 2008, and Chile ratified the same protocol on 4 August 2008, the
latter entering a reservation authorized under the Protocol to apply the death penalty in wartime
in accordance with international law, for extremely serious crimes of a military nature.
E. Countries observing a moratorium on executions
16. No new moratoriums on the application of the death penalty in countries that retain the
punishment were declared in the reporting period. A number of existing moratoriums were
maintained. In Jamaica, which has maintained a moratorium since 1988, the Parliament voted to
maintain the death penalty in November 2008 in the context of discussions around a new Charter
of Rights and Freedoms Bill. No subsequent executions have been reported.
F.
17.
Countries which have reintroduced the use of the death
penalty, extended its scope or resumed executions
In December 2008, Saint Kitts and Nevis carried out its first execution in 10 years.
18. In July 2008, the President of Liberia approved amendments to the country’s Penal Law
which named armed robbery, hijacking and terrorism as capital offences where death occurs
during the commission of the crime. The amendments introduced the alternative sentence of life
imprisonment without the possibility of parole, as well as removed the requirement for the
execution to take place in public. Although the death penalty has remained on the statute books
in Liberia, the country had acceded to the Second Optional Protocol to ICCPR on
16 September 2005 and thus committed itself not to execute anyone within its jurisdiction and
additionally, to take all necessary measures to abolish the death penalty within its jurisdiction.
19. Although maintaining the death penalty, Papua New Guinea has not carried out an
execution since the country’s independence in 1975. According to recent reports, the Ministry of
Justice has undertaken a process during the reporting period to draft guidelines allowing for the
commencement of executions.
III. ENFORCEMENT OF THE DEATH PENALTY
20. As has been noted in previous reports of the Secretary-General, up-to-date and accurate
global figures on the application of the death penalty are difficult to obtain. This difficulty arises
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