NCJ Number
68537
Journal
Deviance et societe Volume: 3 Issue: 3 Dated: (SEPTEMBER 1979) Pages: 229-246
Date Published
1979
Length
18 pages
Annotation
THE GOALS, TERMS, AND EXTRADITION PROVISIONS OF THE EUROPEAN CONVENTION FOR THE REPRESSION OF TERRORISM ARE EVALUATED.
Abstract
THE CONVENTION WAS ADOPTED ON JANUARY 27, 1977, AND SIGNED BY 17 OF THE 19 MEMBER COUNTRIES OF THE COUNCIL OF EUROPE. DESPITE THE GENERAL NATURE OF ITS TITLE, THE CONVENTION IS AIMED SOLELY AT ACTS OF TERRORISM PERPETRATED BY INDIVIDUALS, GROUPS, OR POLITICAL RESISTANCE ORGANIZATIONS, WHILE ACTS OF TERRORISM ON THE PART OF GOVERNMENTS ARE NOT MENTIONED. TO AVOID THE NONEXTRADITION POLICY FOR POLITICAL OFFENDERS, THE CONVENTION A PRIORI DENIES THE POLITICAL NATURE OF ANY TERRORIST ACTION, THEREBY VIOLATING FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW. THE CONVENTION EMPHASIZES THE PRIORITY OF EXTRADITION IN CONTROLLING TERRORISTS AND INTRODUCES A GENERAL OBLIGATION OF JUDICIAL COOPERATION IN TAKING CRIMINAL ACTION AGAINST TERRORISTS, WHICH GOES FAR BEYOND SOME NATIONAL EXTRADITION REGULATIONS. AN ALTERNATIVE TO EXTRADITION EXISTS IN THAT A COUNTRY ITSELF MAY TAKE CRIMINAL ACTION AGAINST A TERRORIST IF IT REFUSES TO EXTRADITE. HOWEVER, THE POSSIBILITIES FOR A REFUSAL TO EXTRADITE ARE SO LIMITED THAT THE ALTERNATIVE IS MORE APPARENT THAN REAL. THE EXTRADITION PROCEDURE ENDANGERS THE RIGHT TO ASYLUM, ONE OF THE BASIC PRECEPTS OF THE LIBERAL TRADITION. OVERALL, THE CONVENTION FAILS TO TAKE EFFECTIVE MEASURES AGAINST TERRORISM, SINCE PUNISHMENT OR THE THREAT OF EXTRADITION DO NOT CONSTITUTE EFFECTIVE DETERRENTS. IN ADDITION, THE CONVENTION DOES NOT CONSIDER ANY PREVENTIVE STEPS AND FAILS TO LOOK INTO THE CAUSES OF TERRORISM--POLITICAL OPPRESSION, MILITARY OCCUPATION, ECONOMIC EXPLOITATION. MOREOVER, THE CRIMINALIZING OF POLITICAL RESISTANCE MAY HAVE NEGATIVE REPERCUSSIONS IN NATIONAL LEGISLATURES. A LIST OF 23 REFERENCES IS INCLUDED, AND THE CONVENTION AGREEMENT IS APPENDED. --IN FRENCH. (SAJ)