The Bill (Reg. No. 1048) envisages possibility of applying death penalty, as exceptional punishment, for premeditated murder committed with utter brutality or in the way dangerous for a number of persons, or in combination with rape or forcible satisfaction of sexual passion in an unnatural way, or committed to order, or committed by a prior plot of several persons, or in case such crimes caused the death of two or more persons.

The Committee members stated that the Bill refers to Ukraine´s commitments within the Council of Europe, namely to Protocols 6 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed on 4 November 1950. Inter alia, Conclusion 190 (Year 1995) of the Council of Europe Parliamentary Assembly appertaining to Ukraine´s claim for joining the Council of Europe states that Ukraine intends signing Protocol 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms that envisages abolition of death penalty in time of peace within one year since entry and ratifying it within three years.

Ukraine joined the Council of Europe on 9 November 1995, Protocol 6 of the said Convention was ratified by The Verkhovna Rada on 22 February 2000, and it came into force for Ukraine on 1 May 2000. As regards Protocol 13 of the Convention, appertaining to abolition of death penalty in any cases, it was ratified by The Verkhovna Rada on 28 November 2002 and came into force in Ukraine on 1 July 2003.  

The Committee members are of the opinion that statements of the Bill do not correspond to the international commitments of Ukraine.

 

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