Protocol No. 13
to the Convention
for the Protection of Human Rights
and Fundamental Freedoms
concerning the abolition of the death
penalty in all circumstances
Vilnius, 3.V.2002
The Member States Of The Council Of Europe, signatory hereto,
Convinced that everyone’s right to life is a basic value in a
democratic society and that the abolition of the death penalty is
essential for the protection of this right and for the full recognition
of the inherent dignity of all human beings;
Wishing to strengthen the protection of the right to life guaranteed
by the Convention for the Protection of Human Rights and
Fundamental Freedoms signed at Rome on 4 November 1950
(hereinafter referred to as “the Convention”);
Noting that Protocol No. 6 to the Convention, concerning
the Abolition of the Death Penalty, signed at Strasbourg
on 28 April 1983, does not exclude the death penalty in respect
of acts committed in time of war or of imminent threat of war;
Being resolved to take the final step in order to abolish the death
penalty in all circumstances,
54
Have agreed as follows:
ARTICLE 1
Abolition of the death penalty
The death penalty shall be abolished. No one shall be condemned
to such penalty or executed.
ARTICLE 2
Prohibition of derogations
No derogation from the provisions of this Protocol shall be made
under Article 15 of the Convention.
ARTICLE 3
Prohibition of reservations
No reservation may be made under Article 57 of the Convention
in respect of the provisions of this Protocol.
ARTICLE 4
Territorial application
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.
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 expiration of a
period of three months after the date of receipt by the Secretary
General of such declaration.
55