12. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (New York, 15 December 1989

Note: The said Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, was adopted by resolution 44/128 1 of 15 December 1989 at the Forty-fourth session of the General Assembly of the United Nations and is open for signature at the United Nations Headquarters in New York by all States having signed the International Covenant on Civil and Political Rights.

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification or accession.)

Azerbaijan 8

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 9

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.

Moldova

Declaration:

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

Spain 6

Malta 10

NOTES

1. Official Records of the General Assembly, Forty-fourth Session, Supplement No. 49 (A/44/49), p. 206.

2. See note 1 under " Montenegro " in the "Historical Information" section in the front matter of this volume.

3. The German Democratic Republic signed and ratified the Proto-col on 7 March 1990 and 16 August 1990, respectively. See also note 2 under " Germany " in the "Historical Information" section in the front matter of this volume.

4. For the Kingdom in Europe, the Netherlands Antilles and Aruba .

5. See also note 1 under " New Zealand " regarding Tokelau in the "Historical Information" section in the front matter of this volume.

6. 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.

7. In respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man.

8. With regard to the reservation made by Azerbaijain upon accession, the Secretary-General received communications from the following States on the dates indicated hereinafter:

France (8 february 2000):

The Government of the French Republic has taken note of the reservation made by Azerbaijan to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, which was adopted on 15 December 1989. 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 .

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.

9. On 20 June 2003, the Government of Cyprus informed the Secretary-General that it had decided to withdraw its reservation made upon accession to the Optional Protocol. The reservation reads as follows:

"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."