Protocol 13 to the European Convention on Human Rights
Protocol 13 to the European Convention on Human Rights abolishes the death penalty, even in times of war, annulling Article 2 of the Convention, which permitted death to be inflicted "in execution of a capital sentence pronounced by a court of law where the offence is punishable by that penalty by law."[1]
Of the 46 Contracting States to the Convention, 45 States have signed and ratified Protocol No. 13:[2]
Al-Saadoon and Mufdhi v. the United Kingdom
[edit]In its 2010 judgment in Al-Saadoon and Mufdhi v. the United Kingdom, the Court concluded that Article 2 of the Convention prohibited the death penalty, given the general trend towards its abolition among States parties to the Convention. This prohibition applies to all State parties to the Convention, including those that have not ratified Protocol 13.[3]
Thus, the ratification of this protocol is now essentially symbolic: it demonstrates the voluntary commitment of the State party to the abolitionist trend in Europe, without this being a requirement to which it would be forced to comply.
References
[edit]- ^ "European Treaty Series - No. 187 – Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances".
- ^ "Liste complète - Bureau des Traités - www.coe.int". Bureau des Traités (in French). Archived from the original on 2024-04-20. Retrieved 2025-06-20.
- ^ "HUDOC - European Court of Human Rights". hudoc.echr.coe.int. Retrieved 2025-06-17.