Army rejects move to abolish death penalty

The Uganda People's Defense Forces (UPDF) has appealed to parliament not to adopt the abolition of mandatory death penalty as provided for by the UPDF Act.

Section 128 of the UPDF Act 2005, provides for mandatory death penalty of Army officers who disobey lawful orders, spread harmful information and propaganda, those who disclose vital information to the enemies of the state and indiscipline among other unlawful acts.

However clause 3 of the Law Revision (Penalties in Criminal Matters) Miscellaneous Amendments Bill, 2015 which is currently before the parliament's committee on legal and parliamentary affairs, for scrutiny, seeks to entirely eliminate the death penalty from the UPDF Act.

The Bill instead proposes imprisonment for life as the maximum punishment that may be imposed by the military courts in respect of the service offenses.

Appearing before the committee on Friday, Gen. Katumba Wamala, the chief of defense forces, however opposed the abolition of death penalty saying the proposal to entirely eliminate death penalty in the UPDF Act, shows lack of appreciation on the part of the proponent of the Bill of the gravity of the offences provided for in the provisions of the UPDF Act.

"We cannot run the Army, on the same platform as a labour Union. The Army commands come with responsibility, if you fail to execute your duty there is no reason as to why you shouldn't face maximum sentence,"  said Gen. Katumba.

Gen. Katumba noted that there is need for the Army to maintain death penalty in the UPDF Act, to deal with indiscipline officers who indulge in offences which relate to operations, security of the government installations and military discipline.

The committee chaired by Kajara County MP Stephen Tashobya however differed with Gen. Katumba saying death penalty denies people a chance to reform.

" Don't you think if somebody has committed a wrong and is not given a chance to reform , it has an impact on their lives and family, Life is given by God and the law you are quoting can take it away," said Tashobya.

Fox Odoi (West Budama North) added that; "In the East African Community, we have countries like Rwanda, Burundi who don't subscribe to death penalty but do you think UPDF is more disciplined than their Armies".

However Gen. Katumba who was accompanied by Brig Ramdhan Kyamulesire, the chief of legal services UPDF, defended the penalty saying it only applies in situations of great magnitude and danger to the country and the Army.

"It is not true that every offense one commits in the UPDF leads you to death penalty. It depends on the magnitude," explained Katumba.

Explaining further, Brig Kyamulesire added that where an officer is not satisfied with the death sentence, there is room for appeal through the martial court and the Supreme Court.

He noted that the army also has other provisions such as life imprisonment and dismissal from the Army for errant officers.

The Army stated that before the ruling of the Supreme Court in the Kigula case, a sentence of death imposed by the field court martial would be carried out immediately, however since the ruling of the Supreme Court that is no longer the case.

Tabled before parliaments last year, the Bill seeks to amend a number of sections in the panel code Act, Uganda People's Defense Forces Act, relating to mandatory death penalty following the land mark Suzan Kigula case.

The private member's Bill by Serere woman MP Alice Alaso, also seeks to restrict application of death penalty to the most serious crimes, by converting the maximum penalties into imprisonment for life.

Article 22 of the constitution recognizes the sanctity of human life which can only be taken away on execution of death sentence carried out after an impartial and competent court.