ORGANIZATION OF AMERICAN STATES

Inter-American System for Legal Information
Secretariat for Legal Affairs
Department of Legal Cooperation and Information

PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS
TO ABOLISH THE DEATH PENALTY
(Click Title for Link to OAS Site)

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.

Signatories and Ratifications

A-53: PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY

ADOPTED AT: ASUNCION, PARAGUAY

DATE: 06/08/90

CONF/ASSEM/MEETING: TWENTIETH REGULAR SESSION OF THE GENERAL ASSEMBLY
,
ENTRY INTO FORCE: / / THIS PROTOCOL SHALL ENTER INTO FORCE AMONG THE
STATES THAT RATIFY OR ACCEDE TO IT WHEN THEY
DEPOSIT THEIR REPECTIVE INSTRUMENTS OF
RATIFICATION OR ACCESSION (ARTICLE 4)

DEPOSITORY: OAS GENERAL SECRETARIAT (ORIGINAL INSTRUMENT AND
, ,
RATIFICATIONS).

TEXT: OAS, TREATY SERIES, No. 73

UN REGISTRATION: / / No. Vol.

OBSERVATIONS:

GENERAL INFORMATION OF THE TREATY: A-53

===============================================================
SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
===============================================================
Brazil .............. 06/07/94 07/31/96 R 08/13/96 RA / /
Costa Rica .......... 10/28/91 03/30/98 05/26/98 / /
Ecuador ............. 08/27/90 02/05/98 04/15/98 / /
Nicaragua ........... 08/30/90 03/24/99 11/09/99 RA / /
Panama .............. 11/26/90 06/27/91 08/28/91 RA / /
Paraguay............. 06/08/99 / / / / / /
Uruguay ............. 10/02/90 02/08/94 04/04/94 RA / /
Venezuela ........... 09/25/90 08/24/92 10/06/93 RA / /
===============================================================
REF = REFERENCE INST = TYPE OF INSTRUMENT
D = DECLARATION RA = RATIFICATION
R = RESERVATION AC = ACCEPTANCE
INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION

A-53 PROTOCOL TO THE AMERICAN CONVENTION ON
HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY

STATEMENTS AND DECLARATIONS

6. 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."