On the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

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The Law of the Republic of Kazakhstan dated January 2, 2021 No. 404-VI SAM.

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

The footnote. The text of the law is as amended by the Law of the Republic of Kazakhstan dated December 29, 2021 No. 89–VII (effective ten calendar days after the date of its first official publication).

President

Republic of Kazakhstan

K. TOKAEV

The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

United Nations 1990

(Entered into force on June 24, 2022, Bulletin of International Treaties of the Republic of Kazakhstan 2022, No. 1, Article 7)

The States Parties to this Protocol,

Considering that the abolition of the death penalty contributes to the strengthening of human dignity and the progressive development of human rights,

Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,

Noting that the wording of article 6 of the International Covenant on Civil and Political Rights concerning the abolition of the death penalty is a strong indication of the desirability of abolition,

Convinced that all measures to abolish the death penalty should be considered as progress in ensuring the right to life,

Desiring hereby to make an international commitment to abolish the death penalty,

have agreed on the following:

Article 1

1. No person under the jurisdiction of a State Party to this Protocol shall be subject to the death penalty.

2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.

Article 2

1. No reservations to this Protocol are permitted, with the exception of a reservation made at the time of ratification or accession, which provides for the use of the death penalty in wartime after admission of guilt in the commission of the most serious crimes of a military nature committed during wartime.

2. A State Party that makes such a reservation shall, at the time of ratification or accession, inform the Secretary-General of the United Nations of the relevant provisions of its national legislation applicable in time of war.

3. A State Party that has made such a reservation shall notify the Secretary-General of the United Nations of any outbreak or cessation of a state of war in respect of its territory.

Article 3

The States parties to this Protocol shall include in the reports they submit to the Human Rights Committee in accordance with article 40 of the Covenant information on the measures they have taken to implement this Protocol.

Article 4

With regard to States parties to the Covenant that have made a declaration under article 41, the competence of the Human Rights Committee to receive and consider communications that a State party alleges that another State party is not fulfilling its obligations extends to the provisions of this Protocol, unless the State party concerned has declared the opposite is stated at the time of ratification or accession.

Article 5

As for the States parties to the First Optional Protocol to the International Covenant on Civil and Political Rights, adopted on December 16, 1966, the competence of the Human Rights Committee to receive and consider communications from individuals under their jurisdiction extends to the provisions of this Protocol, unless the State Party concerned has made a declaration to the contrary at the time of ratifications or accessions.

Article 6

1. The provisions of this Protocol shall apply as additional provisions to the Covenant.

2. Without prejudice to the possibility of making a reservation under article 2 of this Protocol, the right guaranteed in paragraph 1 of article 1 of this Protocol is not subject to any derogation under article 4 of the Covenant.

Article 7

1. This Protocol is open for signature by any signatory State to the Covenant.

2. This Protocol is subject to ratification by any State that has ratified or acceded to the Covenant. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. This Protocol is open for accession by any State that has ratified or acceded to the Covenant.

4. Accession shall be effected by depositing an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall notify all signatory or acceding States of the deposit of each instrument of ratification or accession.

Article 8

1. This Protocol shall enter into force three months after the date of deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.

2. For each State that ratifies or accedes to this Protocol after the deposit of the tenth instrument of ratification or accession, this Protocol shall enter into force three months after the date of deposit of its own instrument of ratification or accession.

Article 9

The provisions of this Protocol shall apply to all parts of the federal States without any restrictions or exceptions.

Article 10

The Secretary-General of the United Nations shall inform all States referred to in paragraph 1 of article 48 of the Covenant of the following:

(a) Reservations, communications and notifications pursuant to article 2 of this Protocol;

(b) Declarations made pursuant to articles 4 or 5 of this Protocol;

(d) The date of entry into force of this Protocol in accordance with its article 8.

Article 11

1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of this Protocol to all States referred to in article 48 of the Covenant.

President

Republic of Kazakhstan

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