BACKGROUND (TO BE DRAWN ON FREELY)
3. THE EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM IS A COUNCIL OF EUROPE CONVENTION! WHICH LIMITS THE ADILITY OF FUGITIVE CRIMINALS TO AVOID EXTRADITION BY CLAIMING THAT THEIR OFFENCES ARE OF A POLITICAL CHARACTER. IT HAS ITS CRIGIN IN A RECOMMEND- ATION OF THE CONSULTATIVE ASSEMBLY OF THE COUNCIL OF EUROPE WHICH WAS ADOPTED IN MAY 1973 ONLY A FEW MONTHS AFTER THE MURDER CF ISRAEL'S ATHLETES AT THE MUNICH OLYMPIC GAMES.
}
4. THE CONVENTION WAS OPENED FOR SIGNATURE ON 27 JANUARY 1977 AND HAS BEEN SIGNED BY ALL MEMBER STATES OF THE COUNCIL OF EUROPE EXCEPT THE REPUBLIC OF IRELAND AND MALTA. IT WAS SO FAR DEEN RATIFIED, IN ADDITION TO THE UNITED KINGDOM, CY 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 CBLIGED TO EXTRADITE POLITICAL OFFENDERS. (THIS RESERVATION IS WITHIN THE TERIIS OF THE CONVENTION)
ADDITIONAL POINTS.
,
5. THE QUESTION HAS BEEN RAISED WHETHER THE CONVENTION ADEQUATELY SAFEGUARDS THE POSITION OF GENUINE POLITICAL REFUGEES. THE CONVENTION HAS BEEN CAREFULLY AND DELIBERATELY DRAFTED TO ENSURE THAT THE REMOVAL OF THE PROHIBITION 0' EXTRADITION FOR POLITICAL OFFENCES DOES NOT ENDANGER GENUINE POLITICAL REFUGEES FOR WHOM 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).
+
6. THE REPUBLIC OF IRELAND CLAIMS THAT IS IS VANBLE TO ADHERE
TO THE CONVENTION ON CONSTITUTIONAL GROUNDS. ARTICLE 20.3 OF
THE IRISH CONSTITUTION SAYS THAT IRELAND ACCEPTS THE GENERALLY RECOGNISED PRINCIPLES OF INTERNATIONAL LAW AS ITS RULE OF. CONDUCT IN ITS RELATIONS WITH OTHER STATES. THE IRISH MAINTAIN THAT THE POLITICAL SAFEGUARD IS SUCH A PRINCIPLE. IN OUR VIEW THERE IS NO SUCH PRINCIPLE. THE IRISH GOVERNMENT ARE WELL AWARE OF THE UNITED KINGDOM VIEW THAT EXTRADITION IS THE DEST MEANS OF
/DEALING
2
No comments yet.
Private notes are available after approval.