Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Azerbaijan	Yes	No
Cyprus	Yes	No
Germany	Yes	No
Netherlands, the Kingdom of the	Yes	No
Russian Federation	Yes	No
Ukraine	Yes	No

Azerbaijan

15-04-2002

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).

Cyprus

19-01-2000

It is hereby communicated, in accordance with Article 2 of the Protocol, that the death penalty is retained for the following offences under the Military Criminal Code and Procedure Law no. 40 of 1964 as amended:
- Treason (section 13)
- Surrender of entrusted post by military commander (section 14)
- Capitulation in open place by officer in command (section 15) (a)
- Instigating or leading a revolt within the armed forces (section 42 (2))
- Transmission of military secrets to a foreign state, spy of agent (section 70 (1))
- Instigating or leading a revolt among war prisoners (section 95 (2)).
An English translation of the provisions of the above offences is attached as Appendix I to this Communication.
It is further communicated that by virtue of the provisions of the Military Criminal Code and Procedure (Amendment) Law no. 91(I) of 1995, the death penalty, wherever provided for in the principal law, is imposed only when the offence is committed in time of war. According to the same provisions, the death penalty is not a mandatory sanction, but may, on the discretion of the Court, be substituted by imprisonment for life or for a shorter period.
An English translation of the provisions of the Military Criminal Code and Procedure (Amendment) Law no. 91(I) of 1995 is attached as Appendix II.
APPENDIX I - Translation into English of the provisions of the offences under the Military Criminal Code and Procedure Law no. 40 of 1964 carrying the death penalty
Treason - Section 13
- A member of the armed forces who in time of war or armed revolt or state of emergency
a. takes arms against the Republic;
b. voluntarily undertakes any military service with the enemy;
c. surrenders to the enemy or to another, in the interests of the enemy, either the force commended by him or the fort of other military post or town entrusted to him, or arms or any means of war or ammunition or supplies of the army in food stuffs and materials of all kinds or money;
d. comes to terms with the enemy for the purpose of helping the operations thereof;
e. knowingly acts in a manner capable of benefiting the military operations of the enemy or of damaging the operations of the army;
f. causes or participates in an agreement purporting to compel the commander of a besieged position, to surrender or come to terms;
g. causes the army in the face of the enemy to take to flight or obstructs the reassembling thereof or in any way tries to inspire fear in the army;
h. attempts anything which is capable of endangering the life, corporal integrity or the personal liberty of the Commander,
is guilty of a felony and is punishable with death and degradation.
Surrender of entrusted post by military commander - Section 14
- A military commander or garrison (fortress) commander, who has come to terms with the enemy and surrendered the post entrusted to him without having exhausted all the possible means of defence and without having performed all the obligations imposed upon him by the military duty and honour, is guilty of a felony and is punishable with death and degradation.
Capitulation in open place by officer in command - Section 15
- A commander of an armed military unity who, in an open place comes to terms is guilty of a felony and is punishable
a. with death and degradation, if as a result of his coming to terms his force has laid down the arms, or if before negotiating orally or in writing, he did not fulfil the obligations imposed on him by the military duty and honour;
b. ..
Revolt within the armed forces - Section 42
1. (defines revolt)
2. The instigators and the leaders of a revolt as well as the officer superior in rank, are guilty of a felony and are punishable with death and degradation. The other rebels are guilty of a felony and are punishable in time of peace with imprisonment not exceeding seven years, and in time of war, armed revolt, state of emergency or mobilisation, with death.
3. ...
Transmission of military secrets - Section 70
1. A member of the armed forces of any person, in the service of the army, who unlawfully and intentionally delivers or makes known to another or allows to come to the possession or knowledge of another documents, plans or other objects or secret information of a military significance is guilty of a felony and is punishable with imprisonment not exceeding fourteen years and with death and degradation if he delivered them or made them known to a foreign State or spy or agent thereof.
..
6. (defines what constitutes military secrets).
Revolt among prisoners or war - Section 95
1. (defines state of revolt among prisoners of war)
2. The inciters and those who led the revolt as well as the officers and non-commissioned officers, are guilty of a felony and are punishable with death and the others with imprisonment not exceeding fourteen years.
3. ..
APPENDIX II - Number 91(I) of 1995 - A Law to amend the Military Criminal Code and Procedure.
The House of Representatives enacts as follows:
1. This Law may be cited as the Military Criminal Code and Procedure (Amendment) Law of 1995 and shall be read as one with the Military Criminal Code and Procedure of 1964 to 1993 (hereinafter referred to as "the principal law") and the principal law and this Law shall together be cited as the Military Criminal Code and Procedure of 1964 to 1995.
2. The following new subsection is substitued for subsection 2 of section 7 of the principal law:
"(2). The death penalty wherever provided in this law is imposed only when the offence is committed in time of war, without prejudice to the right of the Court to impose life imprisonment or imprisonment for a shorter period of time where the circumstances so justify".

Germany

05-07-1989

In connection with the deposit of the instrument of ratification to Protocol No. 6 of 28 April 1983 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty I have the honour to declare on behalf of the Government of the Federal Republic of Germany that, in its view, the obligations deriving from Protocol No. 6 are confined to the abolition of the death penalty within the Protocol's area of application in the respective State and that national non-criminal legislation is not affected. The Federal Republic of Germany has already met its obligations under the Protocol by means of Article 102 of the Basic Law.

Netherlands, the Kingdom of the

25-04-1986

On the occasion of the deposit today of the instrument of acceptance by the Kingdom of the Netherlands of Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty, done at Strasbourg on 28 April 1983, I have the honour to state, on behalf of the Government of the Kingdom of the Netherlands, that the bills for the abolition of capital punishment, insofar as it is still provided for under Dutch military law and Dutch regulations governing wartime offences, have been before Parliament since 1981. It should be noted, however, that under the provisions of the Constitution of the Netherlands, which came into force on 17 February 1983, capital punishment may not be imposed.
Furthermore I have the honour to communicate herewith, in accordance with Article 2 of the said Protocol, sections 103 and 108 of the criminal Code of the Netherlands Antilles and Aruba.
Sections 103 and 108 of the Criminal Code of the Netherlands Antilles and Aruba:
103. Any person who enters into an understanding with a foreign power with a view to inducing that power to engage in hostilities or wage war against the State, to strengthening its resolve to do so, or to promising or providing assistance in the preparation of such acts, shall be liable to a prison sentence of a maximum of fifteen years.
If the hostilities are carried out or a state of war occurs, the death sentence, life imprisonment, or a determinate prison sentence of a maximum of twenty years shall be imposed.
108. Any person who, in time of war, intentionally aids an enemy of the State or disadvantages the State in relation to an enemy, shall be liable to a determinate prison sentence of a maximum of fifteen years. Life imprisonment or a determinate prison sentence of a maximum of twenty years shall be imposed if the offender:
1. informs or gives the enemy possession of any maps, plans, drawings or descriptions of military facilities or supplies any information relating to military operations or plans; or
2. acts as a spy for the enemy or assists, shelters or conceals an enemy spy.
The death penalty, life imprisonment or a determinate prison sentence of a maximum of twenty years shall be imposed if the offender:
1. destroys, renders unusable or betrays to the enemy or puts the enemy in possession of any fortified or manned location or post, any means of communication, any depot, any military supplies, any war funds, any restricted area (PB1965,69), or the navy or army or any part thereof, or if he hinders, impedes or sabotages any defensive or offensive flooding operations, whether planned or executed, or any other military operation;
2. causes or incites insurrection, mutiny or desertion among service personnel.

Russian Federation

25-03-2022

Depositary communication.
The Russian Federation shall cease to be a Signatory to Treaty ETS No. 114 on 16 September 2022.

Ukraine

30-06-2000

On 29 December 1999, the Constitutional Court of Ukraine ruled that the provisions of the Criminal Code of Ukraine which provided for death penalty were unconstitutional. According to the Law of Ukraine of 22 February 2000 "On the Introduction of Amendments to the Criminal, Criminal Procedure and Correctional Labour Codes of Ukraine", the Criminal Code of Ukraine has been brought into conformity with the above-mentioned ruling of the Constitutional Court of Ukraine. The death penalty was replaced by life imprisonment (Article 25 of the Criminal Code of Ukraine). The Law of Ukraine "On the ratification of Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the Death Penalty, of 1983" envisages retaining of application of the death penalty for offences committed in time of war by means of introduction of appropriate amendments to the legislation in force.
Pursuant to Article 2 of the Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Ukraine will notify the Secretary General of the Council of Europe in case of introduction of these amendments.