DECLARACIONES Y RESERVAS AL SEGUNDO
PROTOCOLO FACULTATIVO DEL PACTO INTERNACIONAL DE DERECHOS CIVILES Y
POLÍTICOS DESTINADO A ABOLIR LA PENA DE MUERTE |
Colección de Tratados de
Naciones Unidas
(a 5 de Febrero de de 2002)
DECLARACIONES Y RESERVAS al
(Unless otherwise
indicated, the declarations and reservations were made upon ratification,
accession or succession.)
Azerbaijan6,
Reservation:
"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."
28 September 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."
Cyprus
Reservation:
"The Republic of Cyprus in accordance with article 2.1 of
the [...] Protocol reserves the right to apply the Death Penalty in time of
war pursuant to a conviction of a most serious crime of a military nature
committed during wartime."
Greece
Reservation:
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.
Spain4,
Malta7,
Objections
(Unless otherwise indicated, the objections were made
upon ratification or accession.)
France
8 February 2000
With regard to the reservation made by Azerbaijan upon
accession :
... This reservation, in allowing the application of the
death penalty for grave crimes committed during war or 'in condition of the
threat of war', exceeds the scope of the reservations permitted under
article 2, paragraph 1, of the Protocol. Under this article, only a
reservation made 'at the time of ratification or accession that provides 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' is
admissible. Consequently, the Government of the French Republic expresses
its objection to this reservation, without prejudice to the entry into force
of the Protocol between Azerbaijan and France.
NOTES
1. Official Records of the General Assembly,
Forty-fourth Session, Supplement No. 49 (A/44/49), p. 206.
2. The German Democratic Republic signed and
ratified the Proto-col on 7 March 1990 and 16 August 1990, respectively. See
also note 15 in chapter I.2.
3. For the Kingdom in Europe, the Netherlands
Antilles and Aruba.
4. On 13 January 1998, the Government of Spain
notified the Secretary-General that it had decided to withdraw its
reservation made upon ratification. The reservation reads as follows:
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.
5. In respect of the United Kingdom of Great
Britain and Northern Ireland, the Bailiwick of Guernsey, the Bailiwick of
Jersey and the Isle
6. With regard to the reservation made by
Azerbaijain upon accession, the Secretary-General received communications
from the following States on the dates indicated hereinafter:
Finland (17 March 2000):
"The Government of Finland notes that, according to
Article 2 of the Second Optional Protocol, a reservation other than the kind
referred to in the same Article is not acceptable. The reservation made by
the Government of Azerbaijan is partly in contradiction with Article 2 as it
does not limit the application of death penalty to the most serious crimes
of a military nature committed during the time of war.
The Government of Finland therefore objects to the
reservation made by the Government of Azerbaijan to the said Protocol.
This objection does not preclude the entry into force
of the Second Optional Protocol between Azerbaijan and Finland. The Optional
Protocol will thus become operative between the two states without
Azerbaijan benefitting from the reservation."
Germany (3 March 2000):
"The reservation allows the application of the death
penalty for grave crimes committed during war 'or in condition of the threat
of war'. Thus the reservation is partly in contradiction of article 2 of the
Protocol since it does not limit the application of the death penalty to the
most serious crimes of a military nature committed during the time of war.
The Government of the Federal Republic of Germany
therefore objects to the reservation by the Government of Azerbaijan. This
objection does not preclude the entry into force of the Protocol between
Azerbaijan and Germany."
Sweden (27 April 2000):
"The Government of Sweden recalls that reservations
other than the kind referred to in Article 2 of the Protocol are not
permitted. The reservation made by the Government of Azerbaijan goes beyond
the limit of Article 2 of the Protocol, as it does not limit the application
of the death penalty to the most serious crimes of a military nature
committed during the time of war.
The Government of Sweden therefore objects to the
aforesaid reservation made by the Government of Azerbaijan to the Second
Optional Protocol to the International Covenant on Civil and Political
Rights.
This shall not preclude the entry into force of the
Second Optional Protocol to the International Covenant on Civil and
Political Rights between the Republic of Azerbaijan and the Kingdom of
Sweden, without Azerbaijan benefiting from the reservation."
Netherlands (17 July 2000)
" The Government of the Kingdom of the Netherlands
notes that, according to Article 2 of the Second Optional Protocol, a
reservation other than the kind referred to in the same Article is not
acceptable. The reservation made by the Government of Azerbaijan is in
contradiction with Article 2 as it does not limit the application of death
penalty to the most serious crimes of a military nature committed during the
time of war.
The Government of the Kingdom of the Netherlands
therefore objects to the aforesaid reservation made by the Government of
Azerbaijan.
This objection shall not preclude the entry into force
of the Convention between the Kingdom of the Netherlands and Azerbaijan."
Subsequently, on 28 September 2000, the Government of
Azerbaijan communicated to the Secretary-General a modification to its
reservation made upon accession. Within a period of 12 months from the date
of its circulation, i.e. on 5 October 2000, none of the Contracting States
to the Protocol notified the Secretary-General of an objection.
Consequently, the modified reservation was deemed to have been accepted for
deposit upon the expiration of the 12 month period, i.e., on 5 October 2001.
7. In a communication received on 15 June 2000,
the Government of Malta informed the Secretary-General that it had decided
to withdraw its reservation made upon accession. For the text of the
reservation, see United Nations, Treaty Series, vol. 1844, p. 318.
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