Vincent and the Grenadines, the Human Rights Committee ruled on the applicant's assertion that the mandatory nature of the death penalty and its application amounted to an arbitrary deprivation of life. The Committee stressed that "such a system of compulsory imposition of the death penalty deprives the individual of his most fundamental right, the right to life, without considering whether this exceptional form of punishment is appropriate in the particular circumstances of his life. his business". The result was that the mandatory death penalty was an arbitrary deprivation of life in violation of article 6(1) of the Covenant.ll 13.|t was perfectly possible for the African Court to consider in this case that the state of international law recommended a common system of prohibition applicable to all "kinds of death sentences". The European system which excludes reservations by Article 3 of its latest Protocolwhich prohibits the death penalty sets the tone. lt is noted that "No derogations to the provisions of this Protocol shall be made under article 57 of the Convention". The Protocol takes care to stress that "The death penalty shall be abolished. No one shall be condemned to such penalty or executed".l2 lt is further indicated that this constitutes " the flnal step in order to abolish the death penalty in all circumstances".l3 14. ln this decision the Court was very circumspect and "legalistic". lt endeavored to observe scrupulously the normative sovereignty of the Respondent State. ln its non-pecuniary measures, however, it ordered the Respondent State to "take all the necessary measures, within one year of notification of the present judgment, to abolish the mandatory death penalty its legal system ". Here lies the meaning of this opinion. This "chiaroscuro" maintained on the regime of the death penalty deserves discussion. ln the state of international law, there are rr See: article 6(2) of the IiCCPR; Eversley Thompson v. Saint Vincent and the Grenadines, Communication No. 806/1998, U.N. Doc. CCPNC/70/D/806i 1998 (2000) (U.N.H.C.R.),8.2. 12 Article 1, Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, conrerning the abolition of the death penalty in all circumstances, Vilnius, 3 May 2002 13 Idem., Preamble to the Protocol 6