Abolish the death penalty

Oct 10, 2011

In December 2010, more UN member states, than ever before, supported the UN General Assembly resolution on stopping the use of the death penalty.

By Martin Shearman

RIGHT now in Uganda there are more than 470 prisoners on death row.  In 2010 in Uganda, five death sentences were handed out. 

Today is World Day against the Death Penalty.  People, governments and countries unite to oppose the death penalty. It undermines human dignity and there is no firm evidence that it has any value as a deterrent.  

The UK, and as a member state of the European Union, opposes the death penalty in all circumstances as a matter of principle and believes that it should be abolished.  And we are not alone.  138 countries, including 16 African Union members, have abolished the death penalty in law or practice.  

In December 2010, more UN member states, than ever before, supported the UN General Assembly resolution on stopping the use of the death penalty. Now you may disagree. In Uganda, there are currently 16 offences that carry the death penalty and these include crimes such as rape, murder and espionage.  You may believe that people guilty of these crimes deserve such a punishment.  

However, regardless of your views on the death penalty, there are still important reasons to ensure that its use meets minimum standards.  No one would argue that it should be used for anything but the most serious crimes.  

It is important that those charged are given a fair trial. If an innocent person is convicted and wrongly executed, you cannot make it up to them. It is important that people on death row are treated humanely.  These minimum standards should be met to protect human dignity. 

The Constitutional Court of Uganda agrees. In 2009, it made three landmark rulings on how the death penalty is used.  Firstly, it declared that it is cruel, inhuman and degrading for a convict to be on death row for longer than three years. It ruled that these convicts should have their cases reviewed and, if appropriate, their death penalties commuted to life imprisonment. 

Secondly, the Court declared it is unconstitutional for crimes to automatically result in a death penalty. Mandatory death penalties do not allow for the individual facts of the case to be considered.  

Finally, the Court ruled that it is unlawful for civilians to be given a death penalty in a military court.  The Uganda People’s Defence Force has since said that it will pass civilian cases to the High Court. 

These three rulings significantly improve how the death penalty is used in Uganda.  Unfortunately, however, they have not been fully implemented.  For example, there are individuals in Uganda who have been on death row for 18 years.  People facing the death penalty often do not routinely have good access to lawyers or even legal advice. 

This is why the UK is supporting Ugandan civil society’s efforts led by the Foundation for Human Rights Initiative (FHRI) to promote the implementation of the Constitutional Court Rulings and ensure minimum standards are met. 

Firstly, the initiative will help prevent innocent people being wrongly convicted by providing legal support for a fair trial.  

Secondly, it is working to have death penalty sentences changed to life imprisonment when prisoners have spent more than three years on death row.  

Thirdly, it is helping to ensure that judges and magistrates are fully informed about the sentencing guidelines.  

Lastly, it is supporting the amendment of laws that carry a mandatory death penalty. 

The UK hopes that Uganda will abolish the death penalty. But in the meantime, it is important that minimum standards on its use are met. We applaud the rulings of Uganda’s Constitutional Court on the death penalty and look forward to their full implementation.

 

Writer is the British High Commissioner 

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