THE EVOLUTION OF THE ABOLITION OF THE DEATH PENALTY IN THE COUNCIL OF EUROPE

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DASHAB MEHRYAR

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Journal: LAW & POLITICS RESEARCH JOURNAL Year:2006 | Volume:8 | Issue:18 (SPECIAL OF LAW) Page(s): 63-89

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Title

THE EVOLUTION OF THE ABOLITION OF THE DEATH PENALTY IN THE COUNCIL OF EUROPE

Author(s)

DASHAB MEHRYAR | Issue Writer Certificate

Keywords

DEATH PENALTYQ2

ABOLITIONQ3

COUNCIL OF EUROPEQ2

EUROPEAN CONVENTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMSQ3

ADDITIONAL PROTOCOLS NO.6 AND 13Q3

Abstract

Faraway, lawyers and intellectuals arc interested by the subject of DEATH PENALTY and this penalty still remains a central theme in international debate regarding the protection of human rights. Major international organizations as well as regional organizations are still in a standard - setting process in order to reach the ABOLITION of this punishment.In parallel of international organizations such as the United Nations, the COUNCIL OF EUROPE, a regional organization created in 1949 and regrouping 46 States, has actively participated in the constant movement towards the ABOLITION of the DEATH PENALTY by adopting Protocols No.6 and 13 additional to the EUROPEAN CONVENTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS dated 1950. These two protocols have outlawed the capital punishment in all circumstances among the members of this organization, creating a new movement in favor of the ABOLITION of this punishment and becoming a model which could followed by other organizations.However, despite these efforts, some uncertainties are remaining, more particularly in the text of the EUROPEAN CONVENTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS which still considers the DEATH PENALTY as an exception to the Right to Life in its Article 2. The two additional protocols have tried to neutralize the Article 2 of the European Convention Human Rights and Fundamental Freedoms but, a real contradiction persists between this Convention and the two additional protocols.The objective of this article is to present the long process followed in the COUNCIL OF EUROPE regarding the ABOLITION of the DEATH PENALTY and to examine related legal instruments and the jurisprudence of the European Court of Human Rights in order to see, if despite the existing contradiction, this ABOLITION shall be considered as definitive.

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APA: Copy

DASHAB, MEHRYAR. (2006). THE EVOLUTION OF THE ABOLITION OF THE DEATH PENALTY IN THE COUNCIL OF EUROPE. LAW & POLITICS RESEARCH JOURNAL, 8(18 (SPECIAL OF LAW)), 63-89. SID. https://sid.ir/paper/98121/en

Vancouver: Copy

DASHAB MEHRYAR. THE EVOLUTION OF THE ABOLITION OF THE DEATH PENALTY IN THE COUNCIL OF EUROPE. LAW & POLITICS RESEARCH JOURNAL[Internet]. 2006;8(18 (SPECIAL OF LAW)):63-89. Available from: https://sid.ir/paper/98121/en

IEEE: Copy

MEHRYAR DASHAB, “THE EVOLUTION OF THE ABOLITION OF THE DEATH PENALTY IN THE COUNCIL OF EUROPE,” LAW & POLITICS RESEARCH JOURNAL, vol. 8, no. 18 (SPECIAL OF LAW), pp. 63–89, 2006, [Online]. Available: https://sid.ir/paper/98121/en

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