Re-instatement of Death Penalty across the EU

I blogged about the inclusion of the death penalty in the Lisbon Treaty about a year ago with all applicable references, linked here. A discussion over the pension to be received by the resigning Police Officer Bob Quick, former head of the anti-terror unit has strangely brought the matter of the death penalty in the online edition of the Daily Express, which I quote in full below but other comments are linked here.

MARTIAL LAW IS AT THE BOTTOM OF THE LISBON TREATY !

10.04.09, 6:35pm

Subject: Death penalty re-instated - eg if we riot against the EU?! On 20th Feb 2008 a caucus meeting was held at the German Parliament in Munich to discuss the Lisbon Treaty. [the European Union reform treaty, a.k.a. the Lisbon Treaty rejected by the voters of Ireland and before that rejected by the voters of France and Netherlands as the EU Constitution] At this meeting a previously unmentioned paragraph was brought to light by Professor Schachtschneider, Humanities Faculty - University of Nuremberg. Professor Schachtschneider, explained that the undisclosed paragraph means on ratification of the Lisbon Treaty the DEATH PENALTY will be reintroduced to Europe. The Death Penalty will be applicable for the crimes of RIOTING, CIVIL UPHEAVAL and DURING WAR. Professor Schachtschneider made the point that this clause is particularly outrageous as it had been cleverly hidden in a footnote of a footnote and would not have been detected by anyone other than an exceptional expert reader. It is not in the treaty itself, 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” !! When we are not at war, who will define riot and upheaval? Will a riot against membership of the EU now result in execution? Even if you favour the death penalty the voters of the UK should be given a referendum on this treaty / constitution. Did New Labour mention this ? ...No... because they claim to have never read the Treaty... fools.

• Posted by: JonO •

Charter of Rights - Could this be the death of us?

For about a week now, there have been posts on various blogs suggesting a footnote to a footnote on the Charter of Fundamental Rights re-introduces the death penalty. Let us see what I have found on this topic, Article 2 of the Charter states: Article 2 Right to life 1. Everyone has the right to life. 2. No one shall be condemned to the death penalty, or executed. Seems clear enough, BUT the Explanatory notes to the Charter, issued by the EU itself, linked here and titled as follows "EXPLANATIONS (*) RELATING TO THE CHARTER OF FUNDAMENTAL RIGHTS (2007/C 303/02)" has the following disturbing comment: Explanation on Article 2 — Right to life 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; (c) 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…’. Worrying that, especially as the EU effectively becomes a State under the Lisbon Treaty and makes no attempt to be either democratic nor by consequence legitimate. Especially "b) in order to effect a lawful arrest" given that the European Arrest Warrant apparently requires little supporting evidence before an arrest may be lawfully authorised! I am seeking further clarification on these grave matters!