The UN Human Rights Committee said Canadian authorities...
The UN Human Rights Committee said Canadian authorities breached an international human rights treaty by deporting convicted killer Roger Judge back to death row in Pennsylvania in 1998 after he had served a separate 10-year term in Quebec for crimes comm
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The UN Human Rights Committee said Canadian authorities breached an international human rights treaty by deporting convicted killer Roger Judge back to death row in Pennsylvania in 1998 after he had served a separate 10-year term in Quebec for crimes committed in Canada.
Under the International Covenant on Civil and Political Rights, "for countries that have abolished the death penalty, there is an obligation not to expose a person to the real risk of its application," the committee said in its ruling.
Canada abolished the death penalty in 1972. "By deporting (Judge) to the United States where he was under sentence of death, Canada established the crucial link in the causal chain that would make possible (his) execution," said the committee.
It said Canada failed to demand guarantees from US authorities that Judge, an American citizen, would not be executed, and also broke the rules by sending him to the United States before he had time to lodge a final appeal against his expulsion.
Judge, 41, had been sentenced to die for the 1984 shotgun slayings of his 15-year-old former girlfriend, Tabatha Mitchell, and her friend Christopher Outterbridge, 18, in Philadelphia.
He escaped from Philadelphia's Holmesburg Prison in 1987. Guards said he tricked them by making it appear as if someone was in his bed.
Arrested a year later in Vancouver for a series of armed robberies and assaults, Judge was sentenced to a decade behind bars in a maximum security prison at Sainte-Anne-des-Plaines, Quebec.
After serving his time, he was handed back to U.S. authorities in 1998 within hours of a failed appeal to the Superior Court of Quebec, in which he requested a stay of the deportation order. He was not given time to contest the decision at the Court of Appeal.
Under the International Covenant on Civil and Political Rights, "for countries that have abolished the death penalty, there is an obligation not to expose a person to the real risk of its application," the committee said in its ruling.
Canada abolished the death penalty in 1972. "By deporting (Judge) to the United States where he was under sentence of death, Canada established the crucial link in the causal chain that would make possible (his) execution," said the committee.
It said Canada failed to demand guarantees from US authorities that Judge, an American citizen, would not be executed, and also broke the rules by sending him to the United States before he had time to lodge a final appeal against his expulsion.
Judge, 41, had been sentenced to die for the 1984 shotgun slayings of his 15-year-old former girlfriend, Tabatha Mitchell, and her friend Christopher Outterbridge, 18, in Philadelphia.
He escaped from Philadelphia's Holmesburg Prison in 1987. Guards said he tricked them by making it appear as if someone was in his bed.
Arrested a year later in Vancouver for a series of armed robberies and assaults, Judge was sentenced to a decade behind bars in a maximum security prison at Sainte-Anne-des-Plaines, Quebec.
After serving his time, he was handed back to U.S. authorities in 1998 within hours of a failed appeal to the Superior Court of Quebec, in which he requested a stay of the deportation order. He was not given time to contest the decision at the Court of Appeal.
— SOURCES
- (Sources: The Canadian Press, 04/09/2003)
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