Ok, now that I have your attention, look at what I just found:
Professor Schachtschneide pointed out that it [the European Union reform treaty, a.k.a. the Lisbon Treaty] also reintroduces the death penalty in Europe, which I think is very important, in light of the fact that, especially Italy was trying to abandon the death penalty through the United Nations, forever.
And this is
not in the treaty, but in a footnote, because with the European Union reform treaty, we accept also the European Union Charter, which says that there is no death penalty, and
then it also has a footnote, which says, “except in the case of war, riots, upheaval” – then the death penalty is possible.
Schachtschneider points to the fact that this is an outrage, because
they put it in a footnote of a footnote
http://thejournal.parker-joseph.co.uk/bl...36677.html
That just scared the hell out of me. If it's been posted already, sorry I missed it.
Damien - this is a LaRouche source. I went to the link and couldn't find the actual clause the article refers to.
If you find the actual clause - "the footnote of the footnote" - please can you post it in this thread.
Thank you.
Thank you so much for this important post Damien. This is of vital interest and yet this is the first I have heard of it. Just goes to show how totally reactionary the political direction is going in. This needs to be publicised far and wide.
Also, thank you Damien for your previous post about no longer being able to photograph police. Another secretive and reactionary move. Criminals don't like to be observed in the midst of a crime
Jan Klimkowski Wrote:Damien - this is a LaRouche source. I went to the link and couldn't find the actual clause the article refers to.
If you find the actual clause - "the footnote of the footnote" - please can you post it in this thread.
Thank you.
Ask and you shall recieve:
http://www.europarl.europa.eu/charter/convent49_en.htm
Full text of the Charter (the dumbed down version for the plebs):
http://www.europarl.europa.eu/charter/pdf/text_en.pdf
[size=12]Article 1
[/SIZE]Human dignity
Human dignity is inviolable. It must be respected and protected.
Article 2
Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
[size=12]Article 3...
[/SIZE]
Ahh, doesn't that sound fluffy and nice.
Explanations by the convention (all the legal wording needed to understand what it means)
http://www.europarl.europa.eu/charter/pdf/04473_en.pdf
Article 2
Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
1. Paragraph 1 of this Article is based on the first sentence of Article 2(1) of the ECHR, which
reads as follows:
"1. Everyone's right to life shall be protected by law…"
2. The second sentence of the provision, which referred to the death penalty, was superseded by
the entry into force of Article 1 of Protocol No 6 to the ECHR, which reads as follows:
"The death penalty shall be abolished. No-one shall be condemned to such penalty or
executed."
Article 2(2) of the Charter is based on that provision.
3. The provisions of Article 2 of the Charter correspond to those of the above Articles of the
ECHR and its Protocol. They have the same meaning and the same scope, in accordance
with Article 52(3) of the Charter. Therefore, the "negative" definitions appearing in the
ECHR must be regarded as also forming part of the Charter:
(a) Article 2(2) of the ECHR:
"Deprivation of life shall not be regarded as inflicted in contravention of this article
when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
© in action lawfully taken for the purpose of quelling a riot or insurrection."
(b) Article 2 of Protocol No 6 to the ECHR:
"A State may make provision in its law for the death penalty in respect of acts
committed in time of war or of imminent threat of war; such penalty shall be applied
only in the instances laid down in the law and in accordance with its provisions…"
Oh, and thanks for making me do a bit of research Jan. I could have convinced myself it was the ravings of a paranoid head case and slept soundly.
NOW I'M REALLY SCARED :p
Damien Lloyd Wrote:http://www.europarl.europa.eu/charter/convent49_en.htm
(b) Article 2 of Protocol No 6 to the ECHR:
"A State may make provision in its law for the death penalty in respect of acts
committed in time of war or of imminent threat of war; such penalty shall be applied[/align]
only in the instances laid down in the law and in accordance with its provisions…"
[/FONT]
Damien - thank you.
So, it seems to come down due to a state's interpretation of "time of war or of imminent threat of war".
Unfortunately, that has to be viewed in the context of the Bush regime's decision to create, post-9/11, a new class of "enemy combatant" to enable it to avoid the Geneva Convention.
All They need is to appoint an entirely pliant and unscrupulous Attorny General and legal protection becomes irrelevant.
Ho hum.
Like the class war. Any one that threatens profits and unbridled exploitation of people and planet.
Sorry guys, it was a false alarm. I can sleep soundly again without the need to imagine someone is more of a paranoid headcase than myself.
What follows is the 13th Protocol which became law in the UK on 1 February 2004 and forbids the death penalty under all circumstances (I think).
The member States of the Council of Europe signatory hereto,
Convinced that everyone’s right to life is a basic value in a democratic society and that the abolition of the death penalty is essential for the protection of this right and for the full recognition of the inherent dignity of all human beings;
Wishing to strengthen the protection of the right to life guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention");
Noting that Protocol No. 6 to the Convention, concerning the Abolition of the Death Penalty, signed at Strasbourg on 28 April 1983, does not exclude the death penalty in respect of acts committed in time of war or of imminent threat of war;
Being resolved to take the final step in order to abolish the death penalty in all circumstances,
Have agreed as follows:
Article 1 – Abolition of the death penalty
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.
Article 2 – Prohibition of derogations
No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention.
Article 3 – Prohibition of reservations
No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.
Article 4 – Territorial application
1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Protocol shall apply.
2 Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.
3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn or modified by a notification addressed to the Secretary General. The withdrawal or modification shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 5 – Relationship to the Convention
As between the States Parties the provisions of Articles 1 to 4 of this Protocol shall be regarded as additional articles to the Convention, and all the provisions of the Convention shall apply accordingly.
Article 6 – Signature and ratification
This Protocol shall be open for signature by member States of the Council of Europe which have signed the Convention. It is subject to ratification, acceptance or approval. A member State of the Council of Europe may not ratify, accept or approve this Protocol without previously or simultaneously ratifying the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
Article 7 – Entry into force
1 This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which ten member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 6.
2 In respect of any member State which subsequently expresses its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.
Article 8 – Depositary functions
The Secretary General of the Council of Europe shall notify all the member States of the Council of Europe of:
a any signature;
b the deposit of any instrument of ratification, acceptance or approval;
c any date of entry into force of this Protocol in accordance with Articles 4 and 7;
d any other act, notification or communication relating to this Protocol.
In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.
Done at Vilnius, this 3rd day of May 2002, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.
Ha! I'd still be checking under the bed (or in the fine print) if I were you Damien. Sleep well :afraid: :goodnight:
While all you non-Americans look at the fine print [with good cause] the killing machine in the USA, China and other nations goes on unabated! Sadly, most Americans are in favor [after the Propaganda line they've been fed all their lives] of the death penalty. Recent studies have shown than up to half or more of those so killed are really innocent and I'm against the death penalty even for those guilty. I think I make one exception: intentional genocide or mass murder, torture to death etc. In that situation, I waiver....