Article 14
2. Everyone charged with a criminal offence shall have the right
to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him,
everyone shall be entitled to the following minimum guarantees, in
full equality:
(g) Not to be compelled to testify against himself or to confess guilt.
The US system of "plea bargaining", in the context of draconian penalties applied to accused persons who dare to exercise their right to a fair trial, effectively amount to (and are deliberately designed to) compel people to testify against themselves.
Given that the USA has signed the Covenant on Civil and Political Rights, such laws have no legitimacy. The USA has agreed that the right to a fair trial is a fundamental human right and that it will not breach this fundamental human right. Yet is hypocritically breaches this fundamental human right, while claiming to uphold it. Contrary to its treaty obligations with the rest of the world.
As you concede, such laws cannot be regarded as legitimate. Breaches of fundamental human rights are not legitimated by "democracy", especially in the face of binding treaty obligations. You don't have any choice but to concede the point, the case is overwhelming.
Bill Bartlett Bracknell Tas
At 12:16 AM -0700 25/8/04, andie nachgeborenen wrote:
>Right, of course, as I conceded, we live in a fascist dictatorship
>without rights or freedoms, and so our laws have no democratic
>legitimacy.
>
>Bill Bartlett <billbartlett at dodo.com.au> wrote:
>
>
>The criminal laws of the US are more outrageous in some ways. In
>particular the draconian penalties written into criminal statutes,
>which are designed to coerce those accused of a crime to give up
>their right to a trial and thus designed to undermine the presumption
>of innocence.
>
>It might be argued that the outright abolition of personal rights and
>freedoms implemented by the nazis was at least more honest and above
>board. At least they didn't make sickening claims that minorities
>enjoyed equal rights.
>
>"Democracy" doesn't validate a legal framework if the framework is
>implemented under false pretenses.
>
>Bill Bartlett
>Bracknell Tas
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