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Name: Law N 93(I) of 2016 on the 10th Amendment of the Constitution.
Country: Cyprus
Subject(s): Constitutional law
Type of legislation: Law, Act
Adopted on: 2016-09-16
Entry into force:
Published on: Epissimi Efimeris, 2016-09-16, Part I(I), N 4575, pp. 1055-1056
ISN: CYP-2016-L-104724
Bibliography: Epissimi Efimeris, 2016-09-16, Part I(I), N 4575, pp. 1055-1056
Text in Greek Text in Greek Tipografio Kipriakis Dimokratias, Nicosia, Cyprus, pp. 1055-1056 PDF of Official Gazette in Greek PDF of Official Gazette in Greek (consulted on 2017-07-15)
Abstract/Citation: In view of the fact (i) that the Republic of Cyprus, within which the rule of Law protects the human rights and especially the right to life and to physical integrity, opposes, as a matter of principle, to the sentence of the capital punishment, (ii) that the capital punishment has been entirely abolished within the legislation of the Republic of Cyprus and has not been implemented in practice since 1962, although article 7 para 2 of the Constitution provides for the possibility of inflicting the capital punishment by law in cases of premeditated homicide, high treason, piracy under international law and offences punished by death penalty under the military penal law, (iii) that the Republic of Cyprus is a member state to the Charter of Fundamental Rights of the European Union and that has ratified the European Convention for the Protection of the Human Rights and the Fundamental Freedoms, the 6th and 13th Protocols thereof, the International Covenant on Civil and Political Rights and the 2nd Protocol thereof, which all provide for the abolishment of the capital punishment, (iv) that it is considered necessary to adjust article 7 of the Constitution to the steadfast position of the Republic of Cyprus on the protection of human life and to subsequently amend articles 11, 47, 48, 49, 83, 106 and para 4 of article 53 of the Constitution, which are not included in the fundamental articles of the Constitution that cannot in any way be amended or repealed, the present Law introduces the 10th Amendment of the Constitution regarding the abolition of the capital punishment.
More specifically, article 2 repeals para 2 of article 7 of the Constitution; article 3 and 4 amend the phrasing of para 3 of article 11 and para (i) of article 47 of the Constitution; article 5 repeals para (m) of article 48 of the Constitution; article 6 repeals para (m) of article 49 of the Constitution and articles 7, 8 and 9 amend the phrasing of para 4 of article 53, para 2 of article 83 and para 2 of article 106 of the Constitution, respectively.
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