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 DY CLALING THAT THE IR OFFENCES
ARE OF A POLITICAL CHARACTER. IT HAS ITS ORIGIN IN A RECOMEND-
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 OLY FIC GAMES.
4. THE CONVENTION WAS OPENED FOR SIGNATURE ON 27 JANUARY 1277
AND HAS BEEN SIGNED BY ALL MEADER STATES OF THE COUNCIL OF EUROPS
EXCEPT THE REPUBLIC OF IRELAND AND MALTA. IT HAS SO FAR BEEN RATIFIED, IN ADDITION TO THE UNITED KINGDOM, Y AUSTRIA, DENPARK, 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 TERMS OF THE CONVENTION)
ADDITIONAL POINTS.
5. THE QUESTION HAS BEEN RAISED WHETHER THE CONVENTION ADEQUATELY
& FEQUARDS THE POSITIC! OF GENUINE POLITICAL REFUGEES. THE ·
CONVENTION HAS BEEN CAREFULLY AND DELIDERATELY DRAFTED TO ENSURE
THAT THE REMOVAL OF THE PROHIBITION O'T EXTRADITION FOR POLITICAL
OFFENCES DOES NOT ENDANGER GENUINE POLITICAL REFUGEES FOR WHCA A SPECIFIC SAFEGUARD HAS BEEN INCLUDED IN ARTICLE 5. ÎN ADDITION
THE CONVENTION IS RESTRICTED TO MEMBER STATES OF THE COUNCIL OF
EUROPE, ALL OF WHOM SHARE THE SAME CONCERY FOR HUMAN RIGHTS AND
THE FUNDAMENTAL FREEDOMS.
THE IRISH POSITION (IF ASKED),
C. THE REPUBLIC OF IRELAND CLARIS THAT IS IS CANDLE TO ADHERE
TO THE CONVENTION ON CONSTITUTIONAL GROUNDS. ARTICLE 20.3 CF
THE IRISH CONSTITUTIC" SAYS THAT IRELAND ACCEPTS THE GENERALLY
RECOONISED 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
1.
NO SUCH FRINCIPLE. THE IRISH GOVERNMENT ARE WELL AWARE OF THE
UNITED KINGDOM VIEW THAT EXTRACITICI IS THE DEST MEANS OF
/OXALING
2
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