Protocol to the American Convention on Human Rights to Abolish the Death Penalty
Entry into force » 1990
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PROTOCOL TO THE

AMERICAN CONVENTION ON HUMAN RIGHTS

TO ABOLISH THE DEATH PENALTY

 

(Adopted at Asunción, Paraguay, on June 8, 1990,

at the twentieth regular session of the General Assembly)

 

PREAMBLE

THE STATES PARTIES TO THIS PROTOCOL,

 

CONSIDERING:

 

That Article 4 of the American Convention on Human Rights recognizes the right to life and restricts the application of the death penalty;

 

That everyone has the inalienable right to respect for his life, a right that cannot be suspended for any reason;

 

That the tendency among the American States is to be in favor of abolition of the death penalty;

 

That application of the death penalty has irrevocable consequences, forecloses the correction of judicial error, and precludes any possibility of changing or rehabilitating those convicted;

 

That the abolition of the death penalty helps to ensure more effective protection of the right to life;

 

That an international agreement must be arrived at that will entail a progressive development of the American Convention on Human Rights, and

 

That States Parties to the American Convention on Human Rights have expressed their intention to adopt an international agreement with a view to consolidating the practice of not applying the death penalty in the Americas,

 

HAVE AGREED

 

to sign the following

PROTOCOL TO THE

AMERICAN CONVENTION ON HUMAN RIGHTS

TO ABOLISH THE DEATH PENALTY

 

Article 1

The States Parties to this Protocol shall not apply the death penalty in their territory to any person subject to their jurisdiction.

 

Article 2

 

1. No reservations may be made to this Protocol. However, at the time of ratification or accession, the States Parties to this instrument may declare that they reserve the right to apply the death penalty in wartime in accordance with international law, for extremely serious crimes of a military nature.

 

2. The State Party making this reservation shall, upon ratification or accession, inform the Secretary General of the Organization of American States of the pertinent provisions of its national legislation applicable in wartime, as referred to in the preceding paragraph.

 

3. Said State Party shall notify the Secretary General of the Organization of American States of the beginning or end of any state of war in effect in its territory.

Article 3

 

1. This Protocol shall be open for signature and ratification or accession by any State Party to the American Convention on Human Rights.

 

2. Ratification of this Protocol or accession thereto shall be made through the deposit of an instrument of ratification or accession with the General Secretariat of the Organization of American States.

Article 4

 

This Protocol shall enter into force among the States that ratify or accede to it when they deposit their respective instruments of ratification or accession with the General Secretariat of the Organization of American States.

Status of ratification

(Aprobado en Asunción, Paraguay, el 8 de junio de 1990,

en el vigésimo período ordinario de sesiones de la

Asamblea General)

 

ENTRADA EN VIGOR: 28 de agosto de 1991

DEPOSITARIO: Secretaría General OEA (Instrumento original y ratificaciones).

TEXTO: Serie sobre Tratados, OEA, No. 73.

REGISTRO ONU:

 

COUNTRY SIGNATURE DEPOSIT/RATIFICATION
Antigua and Barbuda
- -
Argentina -
Bahamas 12/12/06 09/05/08 RA
Barbados - -
Belize - -
Bolivia - -
Brazil1 06/07/94 08/13/96 RA
Canada - -
Chile2 09/10/01 10/16/08 RA
Colombia - -
Costa Rica
10/28/91 05/26/98
Dominica - -
Dominican Republic
- -
Ecuador
08/27/90 04/15/98
El Salvador
- -
Grenada - -
Guatemala - -
Guyana - -
Haiti - -
Honduras - -
Jamaica - -
Mexico - 08/20/07 AD
Nicaragua 08/30/90 11/09/99 RA
Panama 11/26/90 08/28/91 RA
Paraguay 06/08/99 12/07/00 RA
Peru - -
Saint Kitts and Nevis - -
Saint Lucia - -
Saint Vincent and the Grenadines -
-
Suriname - -
Trinidad and Tobago - -
United States of America
- -
Uruguay 10/12/90 04/04/94 RA
Venezuela
09/25/90 10/06/93 RA

1. Brazil

In ratifying the Protocol to Abolish the Death Penalty, adopted in Asunción on June 8, 1990, I make hereby, in compliance with constitutional requirements, a reservation under the terms of Article 2 of the said Protocol, which guarantees states parties the right to apply the death penalty in wartime in accordance with international law, for extremely serious crimes of a military nature.

 

2. Chile

The State of Chile makes the reservation authorized under Article 2.1 of the Protocol to the American Convention on Human Rights to Abolish the Death Penalty and may, therefore, apply the death penalty in wartime in accordance with international law, for extremely serious crimes of a military nature.