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.
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