THE TIK TOK KILLER & THE ECHR

Article by Joseph Chiffers

Netfilx has recently a produced a series called the Tik Tok Killer which is a harrowing drama about the disappearance and alleged murder of Esther Estepa in Spain.

The alleged killer is standing trial and is of course innocent until proven guilty.

Nonetheless, I found it significant that the alleged killer was convicted previously of four murders and was freed as a consequence of a 2013 ruling by the ECtHR.

Subsequent rulings have clarified that whole life sentences are not per se incompatible with the ECHR provided there is the possibility of review and some possibility of release.

The ECHR originally did not prevent the death penalty but a protocol by the Council of Europe was later issued that did prevent it and declared it incompatible with the ECHR.

I am in favour of the death penalty, but have not sought to justify it on consequentialist grounds (I have heard interesting arguments about the wide spread use of the death penalty i.e. against 1 % of the population in some eras, accounting for the reduction in the number of genetically violent individuals. This is in contrast to the arguably dysgenic policies currently in place via the welfare systems in modern liberal societies).

However, it is illuminating that the ECHR has been an obstacle to whole life sentences as well as preventing the death penalty. If the above killer is convicted it would not be hyperbole to say that the ECtHR decision caused the death of Esther Estepa.