BACKGROUND (TO DE DRAWN ON FREELY)
3. THE EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM IS A
COUNCIL CF EUROPE CONVENTION WHICH LIMITS THE ABILITY OF FUGITIVE CRIMINALS TO AVOID EXTRADITION BY CLALING THAT THE IR OFFENCES ARE OF A POLITICAL CHARACTER. IT HAS ITS CRIGIN IN A RECOMMEND- ATION OF THE CONSULTATIVE ASSENDLY OF THE COUNCIL OF EUROPE WHICH
WAS ADOPTED IN MAY 1973 ONLY A FEW MONTHS AFTER THE MURDER OF
ISRAEL'S ATHLETES AT THE MU !ICH CLY IPIC GAMES.
4. THE CONVENTION WAS OPENED FOR SIGNATURE CH 27 JANUARY 1977
AND HAS BEEN SIGNED BY ALL ME DER STATES OF THE COUNCIL OF EUROPE
EXCEPT THE REPUBLIC OF IRELAND AND MALTA. IT HAS SO FAR BEEN RATIFIED, IN ADDITION TO THE UNITED KINGDOM, DY AUSTRIA, DENMARK, THE FEDERAL REPUBLIC OF GERMANY AND SWEDEN. HOWEVER, DENMARK AND
SWEDEN HAVE MADE A RESERVATION UNDER WHICH SUBJECT TO CERTAIN
CONDITIONS, THEY WOULD NOT BE OBLIGED TO EXTRADITE POLITICAL OFFENDERS. (THIS RESERVATION IS WITHIN THE TERIIS OF THE CONVENTION)
ADDITIONAL POINTS.
}
b. THE QUESTION HAS BEEN RAISED WHETHER THE CONVENTION ADEQUATELY
SAFEGUARDS THE POSITION OF GENUINE POLITICAL REFUGEES. THE
CONVENTION HAS BEEN CAREFULLY AND DELIDERATELY DRAFTED TO ENSURE
THAT THE REMOVAL OF THE PROHIBITION O EXTRADITION FOR POLITICAL
OFFENCES DOES NOT ENDANGER GENUINE POLITICAL REFUGEES FOR WHO
A SPECIFIC SAFEGUARD HAS BEEN INCLUDED IN ARTICLE 5. IN ADDITION
THE CONVENTION IS RESTRICTED TO MEMBER STATES OF THE COUNCIL OF EUROPE, ALL OF WHOM SHARE THE SAME CONCERN FOR HUMAN RIGHTS AND
THE FUNDAMENTAL FREEDOMS.
THE IRISH POSITION (IF ASKED).
7. THE REPUBLIC, OF IRELAND CLAI ́S THAT IS IS VANDLE TO ADHERE
TO THE CONVENTION ON CONSTITUTIONAL GROUNDS. ARTICLE 20.3 CF
THE IRISH CONSTITUTION SAYS THAT IRELAND ACCEPTS THE GENERALLY
RECUCNISED PRINCIPLES OF INTERNATIONAL LAW AS ITS RULE OF CONDUCT
ITS RELATIONS WITH OTHER STATES. THE IRISH MAINTAIN THAT THE
POLITICAL SAFEGUARD IS SUCH A PRINCIPLE. IN OUR VIEW THERE IS
TO SUCH PRINCIPLE. THE IRISH COVERNMENT ARE WELL AWARE OF THE
UNITED KINGDOM VIEW THAT EXTRADITION IS THE BEST MEANS OF
W
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/DEALING
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