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Latest 26.05.2008
EU Charter Sanctions The Right to Be
Executed in Time of War
Much has been made by Yes supporters of
the Charter of Fundamental Rights and it is claimed that this is such a
progressive document that it out-weights other provisions of the Treaty which
will introduce more privatisation and militarization.
However the dishonesty of this argument is
neatly illustrated by the fact that the charter actually sanctions the execution
of dissidents in time of war.
Article 2 of the Charter of Fundamental
Rights states simply that
"1. Everyone has the right to
life.
2. No one shall be condemned to the death
penalty or executed"
However, the difficulty with much EU speak
is that all sorts of qualifications are hidden away in the small print.
Many people are not aware that the EU has
produced an additional document entitled Explanations Relating to the Charter of
Fundamental Rights (2007/c 303/02) which has full legal status. These
"explanations" amount to qualifications of "fundamental " rights and in
some cases introduce even more draconian clauses.
The death penalty is a case in point. The
Explanations allow for executions in a number of important
instances.
One is "in action lawfully taken for the
purpose of quelling a riot or insurrection".
The other important qualification is even
more dangerous and deserves quotation at length.
It states that:
"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…"
This clearly sanctions the executions of
people during war time.
Moreover, as the definition of war becomes
more elastic due to the nebulous concept of a "war on terror", it can become
quite an open ended clause.
The retention by the EU of a state"s right
of execution during war shows that behind the progressive gloss, an old
fashioned jackboot is alive and well.
It also neatly illustrates how the Yes side
are not giving the full story when they claim that the Charter of Fundamental
Rights will give the EU a soul.
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