Following on from my earlier post on the EU’s approach to the death penalty, I have done some more snooping.
It seems Protocol 13 to the ECHR (European Convention on Human Rights) is the one banning the death penalty even in war, superceding Protocol 6, which seemed to explicitly allow it. It would appear that the exceptions for riots etc remain. These essentially mean that reasonable force in crime prevention or public order enforcement, even if leading to death, do not come under the definition of the death penalty or execution.
I don’t believe the EU is trying to re-introduce the death penalty, but I do believe they have a strangely complicated system. There is a European Convention on Human Rights, a European Charter of Fundamental Rights, not to mention the Lisbon treaty. They contain articles and protocols (which are footnotes essentially but with legal meaning). It seems older protocols may be superceded, but not removed from documents.
Now the old EU constitution was good in being more accessible, but unfortunately for EUphiles that meant it was rejected. Now they deliberately use legalese and complicated levels of referral to other documents to hide the truth. If I have understood correctly, they may have ended up looking worse by leading us all to believe they support the death penalty secretly. But maybe they still do?
I have written to a number of my MEPs for confirmation of the issues. Safe to say there will be more here when I know more.