6) When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.
The European Union (EU) is opposed to the death penalty in all cases and has consistently espoused its universal abolition, working towards this goal. In countries which maintain the death penalty, the EU aims at the progressive restriction of its scope and respect for the strict conditions, set forth in several international human rights instruments, under which the capital punishment may be used, as well as at the establishment of a moratorium on executions so as to completely eliminate the death penalty.
The EU is deeply concerned about the increasing number of executions in the United States of America (USA), all the more since the great majority of executions since reinstatement of the death penalty in 1976 have been carried out in the 1990s. Furthermore, it is permitted to sentence to death and execute young offenders aged under 18 at the time of the commission of the crime, in clear infringement of internationally-recognised human rights norms.
At the dawn of a new millennium the EU wishes to share with the USA the principles, experiences, policies and alternative solutions guiding the European abolitionist movement, all the EU Member States having abolished the death penalty. By doing so, the EU hopes that the USA, which has risen upon the principles of freedom, democracy, the rule of law and respect for human rights, considers joining the abolitionist vanguard, including as a first step towards abolition establishing a moratorium in the use of the death penalty, and by this way becoming itself a paradigm for retentionist countries.
Avatar said:"...the person who has suffered punishment as a result of such conviction shall be compensated according to law, ...
Avatar said:Anyway, why do you need a death sentence in the first place?
Could be, but then the person could argue in court that it (a sympathy card) is not intended to be a compensation and doesn't serve its' purpose as a compensation, therefore it isn't a compensation even if it is called such.Is that the Hallmark sympathy card and the check for $25?
Avatar said:Could be, but then the person could argue in court that it (a sympathy card) is not intended to be a compensation and doesn't serve its' purpose as a compensation, therefore it isn't a compensation even if it is called such.
Avatar said:If you dislike the UN so much, why are you (the USA) still in it?
No, it means that the country which has signed the convention is required to have a national law that offers a compensation acording to that article.So are you saying that the UN declaration does NOT call for what that compensation is to be? ...just that compensation should be according to some law of which no one knows about??
And one more country which doesn't like to agree with other countries less.OR... we'll denounce it and our involvement, including the gazillion dollars that we donate to it.