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Oct 22, 2002

A.G. explains death penalty testimony

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As the debate continues over Belize’s proposed constitutional amendment to maintain the death penalty, the Government of Belize is already defending itself in the international community. On Friday Attorney General Godfrey Smith appeared before the Inter-American Commission in Washington to respond to its request that Belize withdraw the amendment and keep the Privy Council as a final appellate court for Class “A” murders. Today, the A.G. explained how Belize, for the time being, got itself out of hot water on a few technicalities.

Godfrey Smith, Attorney General

“Under the statute of the Inter-American commission, it is provided only a member state can voluntarily ask a court, the Inter-American court, to decide whether its legislation was compatible. Because to do otherwise, were it open to the commission or interested parties to do otherwise, would fall afoul of other broader first principles establishing the O.A.S. that allows states to legislate freely.”

“Secondly, we argued that when the statutes and other documents setting up this Inter-American Human Rights system speaks about examining compatibility of legislation of human rights instruments, it means just that. It means legislation and what the commission had before it was not a piece of legislation obviously, but a bill. We then took them through the various stages for a bill to become legislation under Belize law, in particular a bill to amend the constitution, which requires for instance, an interval of ninety days between the introduction of the bill, the tabling of it and its reintroduction for debate.”

“We know what pressures will be brought to bear. We are not really aware of any instances elsewhere in the world where actual sanctions or threats have been carried into effect in relation to this kind of thing. But at the end of the day, the government will have to weigh everything in the balance and decide.”


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