Released Tuesday 20 August

Responding to suggestions that the UK is bound by Europe not to restore the death penalty, Dr Andrew Holden, spokesman for Charter88, said:

"The Government has not handed the decision of whether to have a death penalty 'over to Europe', as Ann Widdecombe and others have suggested. This is a typical example of the wilful confusion of European Union law with the European Convention on Human Rights (ECHR). EU law takes precedence over UK law. The ECHR does not. It has nothing to do with the EU."

"The UK deliberately incorporated the European Convention as a normal Act of Parliament. Therefore amending or repealing it is as easy as changing any other piece legislation."

"The Government incorporated the European Convention into UK law in the Human Rights Act 1998 (HRA), including Protocol 6, which prohibits the death penalty, except in time of war or imminent threat of war. If Parliament wishes to restore the death penalty, it would only have to repeal this section of the HRA."

"Other signatories to the European Convention on Human Rights have a death penalty. This is permissible under Article 2 which protects the right to life, but gives an exemption for a proper death penalty."

"Any idea that we could seek to amend the Convention itself is ludicrous. There are currently 44 signatories. It would have to be unanimous. It would make amending the Treaty of Rome look like a Blair cabinet meeting."

Andrew Holden is available for interview

Note to editors:

1. Charter88 support the right to life enshrined in the ECHR, and opposes the death penalty. This should be entrenched in a Bill of Rights.

Policy: 020 8880 6088 policy@charter88.org.uk