The Council also considers that the death penalty cannot be analysed in isolation from the context within which its imposition occurs. The Council is not persuaded that justifications proffered for the retention of the death penalty do in fact justify its retention for any purpose. The Council considers that the death penalty is ineffective as a deterrent and that the public safety concern stemming from the possibility of recidivism is largely unfounded. Moreover the widely acknowledged possibility of error in the process leading to conviction and its disproportionate application on those from lower socioeconomic groups are powerful arguments against the retention of the death penalty. Furthermore, the Council considers that the administration of a criminal justice system should not lead to the taking of the life of a person and that the exacting of retributive justice is not available as a defence to the imposition of the death penalty. The Council emphasises the important symbolic role played by law, and the need for governments and the judiciary to promote respect for law, justice and human rights. The Council is particularly concerned that the imposition of the death penalty has the effect of dehumanising the community, and implicitly promotes the notion that the taking of life is morally legitimate. The Council considers that criminality is influenced by economic, social, political and cultural conditions. In particular the Council considers that racism, poverty, the denial of economic opportunities, and exclusion from social and cultural life contribute to increased criminality, and are inconsistent with the creation and maintenance of a just society. The Council considers that the recognition and protection of fundamental rights will lead to a reduction in crime and only in such an environment will the rule of just law thrive. If the death penalty is to be imposed, the Council emphasises that this must be in compliance with the rule of law and in association with a genuine commitment to its restriction and ultimate abolition. 4

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