Tweede Facultatieve Protocol bij het Internationaal Verdrag inzake burgerrechten en politieke rechten, gericht op de afschaffing van de doodstraf

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Azerbeidzjan

22-01-1999

The Republic of Azerbaijan, adopting the [said Protocol], in exceptional cases, adopting the special law, allows the application of death penalty for the grave crimes, committed during the war or in condition of the threat of war.

05-10-2000

It is provided for the application of the death penalty in time of war pursuant to a conviction of a person for a most serious crime of a military nature committed during wartime.

Brazilië

25-09-2009

[...] with an express reservation to article 2.

Chili

26-09-2008

The State of Chile formulates the reservation authorised under article 2, paragraph 1, of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, and may in consequence apply the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.

El Salvador

08-04-2014

The Government of the Republic of El Salvador accedes to the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty with an express reservation permitted to States under article 2 of the Protocol, which consists on the application of the death penalty in accordance with article 27 of the Constitution of the Republic of El Salvador, which reads as follows: 'The death penalty may be imposed only in the cases provided by the military laws during an international state of war'.

01-06-2015

… [W]ith reference to the accession of El Salvador, on 8 April 2014, to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, and the reservation formulated by El Salvador to that Protocol pursuant to article 2 thereof.
In that connection, the Permanent Mission of El Salvador first of all takes note of the objections made by a number of countries, with regard to the scope of the reservation, and submits to the Secretary-General the following response which sets out the understanding of the Republic of El Salvador regarding the scope of the reservation and by means of which El Salvador hopes to respond to the issues raised by the objecting States:
The State of El Salvador followed the procedure established by its legal framework for signature and ratification of international instruments of any kind. Consequently, on 9 January 2014, the Legislative Assembly of El Salvador ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, in respect of which, as permitted to States under article 2 of the aforementioned Protocol, it formulated a reservation to bring the implementation of the Protocol into line with the provisions of the Constitution of El Salvador.
The express reservation is the following:
"The Government of the Republic of El Salvador accedes to the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty with an express reservation permitted to States under article 2 of the Protocol, which consists of the application of the death penalty in accordance with article 27 of the Constitution of the Republic of El Salvador, which reads as follows: 'The death penalty may be imposed only in the cases provided by the military laws during an international state of war'."
Consequently, that reservation limits the applicability of the death penalty in El Salvador to the simultaneous occurrence of two conditions: 1) It must be a case provided for under military law and 2) El Salvador must be in an international state of war. The reservation constitutes the mechanism that allowed El Salvador to accede to the Protocol while upholding the constitutional mandate that prohibits the ratification of treaties in which constitutional provisions are in any way restricted or affected, unless the ratification is accompanied by the corresponding reservations
With regard to the reference to Salvadoran military laws in the reservation, it should be clarified that the Code of Military Justice is the national legal instrument, in the military sphere, governing the application of the death penalty in El Salvador. Article 1 of the said Code states that the provisions of the Code shall apply exclusively to members of the armed forces on active service, in respect of crimes and offences of a purely military nature, and article 9 of the Code refers to the imposition of the death penalty for the crimes indicated in the Constitution, with strict respect for the penal and procedural safeguards provided therein.
The military crimes in respect of which the death penalty may be imposed as the primary penalty in an international state of war, as stipulated in the Code of Military Justice, are the crimes of treason (article 54), espionage (article 64), rebellion (article 76) and conspiracy to desert (article 140).
It is worth noting that, since 1973, El Salvador has not carried out any executions. Since the entry into force of the Constitution of the Republic in 1983, the application of the death penalty has been prohibited for civil offences and exclusively reserved for grave breaches of the military penal code. Since then, and notwithstanding the outbreak of a civil conflict, El Salvador has in practice maintained a de facto abolition of the death penalty, and has obviously thus complied with the moratorium on the use of the death penalty promoted in the context of the United Nations.
In addition, as a party to the American Convention on Human Rights, El Salvador has made an international commitment to the right to life enshrined in article 4 of that Convention. It has thus expressed its intention to apply the death penalty for the most serious crimes, pursuant to a final Judgment rendered by a competent court and in accordance with its laws, also being prevented from reestablishing the death penalty as a criminal penalty and from extending it to other crimes.
In that regard, the Government of El Salvador reiterates its categorical position that at the time of its accession to the Protocol and the formulation of its reservation, the Government was in full compliance with the provisions of article 2 of the Protocol.

Griekenland

05-05-1997

Subject to article 2 for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.

Guinee-Bissau

24-09-2013

Hereby declare that the declaration the Government has made in accordance with Article 41 of the International Covenant on Civil and Political Rights to recognize the competence of the Human Rights Committee to receive and consider communications when a State Party claims that another State Party is not fulfilling its obligations do not extend to the provisions of the Second Optional Protocol, as provided in Article 4 thereof.
Also, declare that the competence that the Government of Guinea-Bissau recognizes for the Human Rights Committee to receive and consider communications from individuals subject to its jurisdiction does not extend to the provisions of the Second Optional Protocol, in accordance with the option provided in Article 5 thereof.

Moldavië

20-09-2006

Until the full re-establishment of the territorial integrity of the Republic of Moldava, the provisions of the Convention shall be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.

Spanje

11-04-1991

Pursuant to article 2, Spain reserves the right to apply the death penalty in the exceptional and extremely serious cases provided for in Fundamental Act No. 13/1985 of 9 December 1985 regulating the Military Criminal Code, in wartime as defined in article 25 of that Act.

13-01-1998

The Government of Spain notified the Secretary-General that it had decided to withdraw its reservation made upon ratification.