Protocol No. 6
ARTICLE 2
Death penalty in time of war
to the Convention
for the Protection of Human Rights
and Fundamental Freedoms
concerning the Abolition
of the Death Penalty
Strasbourg, 28.IV.1983
The Member States Of The Council Of Europe, signatory
to this Protocol to the Convention for the Protection of
Human Rights and Fundamental Freedoms, signed at Rome
on 4 November 1950 (hereinafter referred to as “the Convention”),
Considering that the evolution that has occurred in several member
States of the Council of Europe expresses a general tendency in
favour of abolition of the death penalty;
Have agreed as follows:
ARTICLE 3
Prohibition of derogations
No derogation from the provisions of this Protocol shall be made
under Article 15 of the Convention.
ARTICLE 4
Prohibition of reservations
No reservation may be made under Article 57 of the Convention
in respect of the provisions of this Protocol.
ARTICLE 5
ARTICLE 1
Territorial application
Abolition of the death penalty
1. Any State may at the time of signature or when depositing
its instrument of ratification, acceptance or approval, specify the
territory or territories to which this Protocol shall apply.
The death penalty shall be abolished. No one shall be condemned
to such penalty or executed.
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A State may make provision in its law for the death penalty in
respect of acts committed in time of war or of imminent threat of
war; such penalty shall be applied only in the instances laid down
in the law and in accordance with its provisions. The State shall
communicate to the Secretary General of the Council of Europe
the relevant provisions of that law.
2. Any State may at any later date, by a declaration addressed
to the Secretary General of the Council of Europe, extend the
application of this Protocol to any other territory specified in the
declaration. In respect of such territory the Protocol shall enter into
force on the first day of the month following the date of receipt of
such declaration by the Secretary General.
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