17:45, 1 September 2022
YEREVAN, SEPTEMBER 1, ARMENPRESS. The Office of the Prosecutor General of Armenia responded to some interpretations made over today’s proposal of Prosecutor General Artur Davtyan on using death penalty for high treason.
When asked whether Armenia, as a member of the Council of Europe, has not assumed an obligation to impose an absolute ban on death penalty, the Public Relations Department of the Office of the Prosecutor General told Armenpress that Armenia’s international obligations assumed before the Council of Europe in the aforementioned sector are reflected in two documents: Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty and Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty in All Circumstances.
"According to Article 1 of the Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty, the CoE member states are obliged not to condemn anyone to death penalty or execute. However, Article 2 of the Protocol says that “a State may make a provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war”.
This agreement has been signed and ratified by all member states of the Council of Europe (except former CoE member Russia, which signed it on 16.04.1997, but didn’t ratify).
However, it’s worth noting that with this agreement Armenia’s assumed obligations in fact will not obstruct to impose death penalty for some crimes committed in war situations”, the Office said.
As for the Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty in All Circumstances (adopted in Vilnius 03.05.2022), the Office of the Prosecutor General said that Article 1 of the Protocol says that “the death penalty shall be abolished. No one shall be condemned to such penalty or executed”.
“This agreement has been signed and ratified by all member states of the Council of Europe, except Armenia, which signed it on 19.05.2006, but didn’t ratify, and Azerbaijan which has not signed it at all.
Therefore, in conditions of that agreement which has been signed but not ratified, Armenia doesn’t have a direct international-legal obligation to apply an absolute ban on death penalty”, the Office stated.