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of criminal punishment through a gradual, irreversible process within States Parties to the American
Convention. Thus, the decision of a State Party to the American Convention, at any time, to abolish
the death penalty becomes, ipso jure, a final and irrevocable order. In this matter, the Convention
points toward a gradual abolition, through the adoption of safeguards necessary for irrevocably
restricting its application and scope over time until it is completely eliminated.
64.
This abolitionist character is recognized in the Protocol to the American Convention on
Human Rights to Abolish the Death Penalty 72 (hereinafter also “Protocol”), which notes in the
considering paragraphs:
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.
65.
Furthermore, Article 1 establishes that “[t]he States Parties to this Protocol shall not apply
the death penalty in their territory to any person subject to their jurisdiction,” and Article 2 declares
that “[n]o 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.”
66.
The Court notes that 1373 States have signed the Protocol to the American Convention on
Human Rights to Abolish the Death Penalty and have accepted its jurisdiction and abolished the
death penalty. The Court urges the remaining States to sign the Protocol and prohibit this type of
criminal punishment.
67.
In this sense, the American Convention is in harmony with the prevailing trend in the global
human rights system. For example, United Nations General Assembly Resolution No. 62/149 on a
moratorium of the use of the death penalty notes that the use of the death penalty undermines
human dignity and that a moratorium on the use of the death penalty contributes to the gradual
improvement and development of human rights. Moreover, it is noted that there is no conclusive
evidence on the effectiveness of the death penalty as a deterrent and that any legal errors in its
Cf. Protocol to the American Convention on Human Rights to Abolish the Death Penalty. Signatories and ratifications.
Available at: http://www.oas.org/juridico/english/treaties/a-53.html
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The 13 States in the inter-American system that have signed the Protocol to the American Convention on Human
Rights to Abolish the Death Penalty are: Argentina, Costa Rica, Ecuador, Honduras, Mexico, Nicaragua, Panama, Paraguay,
Dominican Republic, Uruguay, Venezuela; and two have ratified the protocol with a reservation on the wartime application
of the death penalty for serious crimes of a military nature: Brazil and Chile. Cf. Protocol to the American Convention on
Human Rights to Abolish the Death Penalty, supra.
72