The death penalty


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15/02/2013 at 16:30

The bit about territories in Protocol 13 means that any signatory country can apply this to their overseas territories as well, not that they can derogate from it!

15/02/2013 at 16:32
Rickster wrote (see)

Protocol 6 to which you are referring was enacted on 1st November 1998.

Protocol 13 was drafted on 2002 and over rides Protocol 6.  

Protocol 2, Article 2 – Prohibition of derogations

"No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention."

I meant Protocol 13, Article 2.

15/02/2013 at 16:37
Geneva Convention goes back to 1864 Col.
15/02/2013 at 17:02

If we're bound, presumably there's nothing stopping us unbinding ourselves, Rickster. We're bound only for so long as we agree to be bound.

The EU and the ECHR appear to be separate things anyway (re fat buddha's point). We will still be bound by the ECHR if we left the EU, and we can presumably opt out of whatever we want in the ECHR (or the whole thing) without leaving the EU.

The discussion in this thread is academic anyway. The government won't give the people the death penalty in any case.

Edited: 15/02/2013 at 17:03
15/02/2013 at 17:08

Yes, we could opt out, but only be leaving the Council of Europe, which as you quite rightly mentioned is nothing to do with the EU.

15/02/2013 at 17:11

Or renegotiating stuff.

Just a little bit of stuff.

Edited: 15/02/2013 at 17:15

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