DUP and the Death Penalty Part II

The DUP MPs David Simpson, Sammy Wilson, Jim Shannon, Gregory Campbell and Jeffrey Donaldson say they are backing a motion to discuss the return of the death penalty. They say this issue was last discussed in 1998 in Westminster in 1998 and that it was now time for the debate to be reopened.

Indeed Mr Donaldson had earlier said that he wanted it brought back for convicted terrorists. Time I think to republish a certain photo.

The issue had of course been debated in each parliament since the abolition of the death penalty up until 1998 when it was last put to the house. Ironically the last time it was amended removing the death penalty for treason, piracy and mutiny were all removed from the statute book. Of course for the Death Penalty was removed in 1965 for most of the UK except Northern Ireland when it came to an end in theNorthern Ireland (Emergency Provisions) Act 1973.

The Belfast Agreement contains the following statement on policing and justice (emphasis mine):

The participants believe it essential that policing structures and arrangements are such that the police service is professional, effective and efficient, fair and impartial, free from partisan political control; accountable, both under the law for its actions and to the community it serves; representative of the society it polices, and operates within a coherent and co-operative criminal justice system, which conforms with human rights norms. The participants also believe that those structures and arrangements must be capable of maintaining law and order including responding effectively to crime and to any terrorist threat and to public order problems. A police service which cannot do so will fail to win public confidence and acceptance. They believe that any such structures and arrangements should be capable of delivering a policing service, in constructive and inclusive partnerships with the community at all levels, and with the maximum delegation of authority and responsibility, consistent with the foregoing principles. These arrangements should be based on principles of protection of human rights and professional integrity and should be unambiguously accepted and actively supported by the entire community.

We were basing a Northern Ireland that was based on norms, ironically in the same week that the final death penalties were being removed from the statute book, in July 1998.

So does Donaldson's statement indicate a unilateral removal of Northern Ireland from the EU and the European Convention on Human Rights in Protocol 6, Article 1 states:

The death penalty shall be abolished. No one shall be condemned to such penalty or executed.

There are exceptions in time of war, but the DUP are talking about a shared future therefore a peaceful future so hard to find where the war is.

The DUP are saying that one of the reasons they want the debate is "because [they] want to hear the contrary arguments." Interesting that at Stormont quite a lot of the time they refuse to hear the contrary argument (eg The Blood Ban) and make their own decisions without consultation with a contrary position to their own. Curious that the DUP are supporting the 25,000 strong petition to bring back the death penalty and not the contrary reaction based 30,000 strong petition to keep it off the statute books.

Death knell for the progressive DUP continues

Jeffrey's former NI Assembly picture

The first Northern Irish MP to support the restoration of the death penalty, even partially, is from that supposedly progressive new DUP we're heard so much about, yet in recent days appears to be notable in its absence.

It is Jeffrey Donaldson who is the first to raise his head over this particular parapet. He has said:

"We (the DUP) have stated consistently that in cases of terrorist murder, we believe that there should be the death penalty.


"One of the reasons why I think it should be debated is because I want to hear the contrary arguments.

"We haven't as parliamentarians debated this issue now for 30 years.

"A lot has happened in that time, terrorism has become much more sophisticated, much more deadly and I think it is time parliament debated this issue again." 

So if the MP for Lagan Valley is right the DUP will all not only want a debate but will be supporting a partial at least restoration of the death penalty.

The death penalty was abolished in 1969 in England, Wales and Scotland but not until 1973 in Northern Ireland. The last executions for murder in the UK occurred in 1964. Not surprisingly therefore the last person to see the judge don a black cap in a UK court was William Holden in 1973, he was removed from his death cell in May of that year before the abolition in Northern Ireland on 25 July.

On 20 May 1998 the UK Parliament voted to ratify the 6th Protocol of the European Convention on Human Rights (ECHR) which prohibiting capital punishment except "in time of war or imminent threat of war." On the 10 October 2003, effective from 1 February 2004 the UK acceded to the 13th Protocol, which prohibits the death penalty under all circumstances. Whilst the UK adheres to the ECHR it can no longer legislate for a death penalty. The Conservative Party were the only party to campaign on a withdrawal from the ECHR at the last election.

Strangely on the first of these there was vote in Parliament. However, Mr Donaldson (then with the UUP) and all of the other Unionist MPs, with the exception of Martyn Smyth (UUP), were absent from the chamber and unable to take part in the debate or cast a vote.

Of course the main point here is to look at the nations where the death penalty is still in force. China, Iran, North Korea, Yemen, Saudi Arabia, Libya and Syria are all prime examples of where capital punishment still persists and quite regularly. Also people cite the USA as a country where capital punishment is still allowed in the 'western world', however in states which practice capital punishment incidents of homicide are higher than US states which do not. Also the cost of keeping in a death row and the legal costs of petitions against the sentence lead to higher cost of capital punishment compared to life imprisonment.

The death penalty isn't the easy or cost effective alternative to our current system. Indeed when you look at some of those who are campaigning for its reinstatement you can see them as opponents of the ECHR which has a lot of  good protectionist points to it. There are also a large number of people campaigning for the reinstatement who want us out of the European Union altogether.

I think it is time to look at the motivation behind the people who want the death penalty back. Are they stirring up emotions on the back of the Norway tragedy to get their own ulterior motives fulfilled?

As a Liberal Democrat I believe that no-one should be enslaved by poverty ignorance and conformity, nor for that matter should they be hung or otherwise killed for it. Even if Mr Donaldson only wants it returned for terrorism let us not forget that the Guildford Four and the Birmingham Six where two high profile cases where terrorist murder sentences were later overturned.

Are Mr Donaldson and the DUP prepared to have the possibility of innocent blood on their hands by supporting such a motion? What now of the new progressive DUP?

Gay Youth Faces Death In Iran

There is a story that you'll be hard pressed to find in the UK Press. It is the story of Nemat Safavi, who is only 21. At the age of 16 he was arrested and charged with the crime of Lavat (sex with another man). On the 31 October he was finally sentanced for his crimes, the penalty is death.

Iran has signed two treaties on the treatment of juveniles and has promised not to execute any minor for a crime. However, Nemat though his 'crime' was committed while he was a minor is now of age, Iran are twisting the rules. Detaining people until they are old enough, to sentance them for something that is who they are, not what they do.

Many of the claims of Lavat have for obvious reasons not been proven by actual evidence it is largely circumstantial. But young men are disappearing all the time in Iran under a cloud of this change. The Islamic Republic of Iran like to boast that there are no homosexuals in Iran. However, there clearly are they are just not tolerated and allowed to be who they are.

Last year many of us were up in arms about the case of Mehdi Kazemi who was being deported back to Iran for the same fate. Amnesty International, the European Parliament and the UN are already on this case as well but why don't you also apply your own pressure, find out how on the Facebook Group.

Hattip to The Wardman Wire