Work on death-row syndrome

 

THIS week began with both the world day against the death penalty and world mental health day (October 10). Furthermore, it marks nearly four years since the Ugandan Supreme Court delivered their landmark ruling on the death penalty. 

 

The lead petitioner in that case, Susan Kigula, arrives at Kampala High Court today for her mitigation hearing resulting from the 2009 judgment. The coincidence of these events provides a unique opportunity for Uganda to re-open the debate on a frequently overlooked aspect of the Supreme Court decision.

 

As well as declaring the mandatory imposition of the death penalty to be unconstitutional, the Supreme Court identified the concept of death-row syndrome as a key determinant in the lawful application of capital punishment. 

 

The syndrome describes the onset of psychological illness as a result of the emotional distress of prolonged detention on death row. Dr Julius Muron, visiting forensic psychiatrist (Butabika) to Luzira Prison, explains. “Death-row syndrome is not a psychiatric classification, but a description of behaviour associated with an environment of extreme anxiety.”

 

Dr Muron described the factors affecting those on death-row. “Those who have been awaiting death or confirmation of their sentence for a long period of time, experience a unique set of stress factors. 

 

Not every death-row inmate necessarily fits the criteria for a medical diagnosis of a particular mental illness, but this doesn’t negate the fact that they are experiencing an extreme psychological condition. They see the gallows all the time. They live in constant fear. Even a small shift in the daily prison routine can trigger thoughts of ‘tomorrow, will it be me?’”

This was echoed by a former death-row inmate, John, who spent over 20 years in the Condemned Section of Luzira’s Maximum Security Prison.

 

“Mental illness is common in Condemned and the longer a person stays, the worse it gets. It is torture, waking up every day thinking you may be hanged. It could happen whenever. Before the last execution, the inmates got just three days’ notice,” says John.

 

In the judgment of Susan Kigula & 417 others, the Supreme Court, held that inordinate delay in death-row conditions constitutes cruel, inhuman or degrading treatment prohibited by Articles 24 and 44(a) of the Constitution of Uganda. Evidence submitted demonstrated that some prisoners had spent up to 20 years waiting for the Executive to exercise its prerogative of mercy. The court subsequently imposed a three-year maximum period on the exercise of the prerogative for prisoners who had exhausted all rights of appeal.

 

Crucially, however, the Supreme Court failed to impose any time limit on the judicial process itself. Consequently, death-row inmates still experience long delays while exercising their right to appeal – sometimes up to 10 years. This breaches Article 28 of the Constitution, which provides for the right to a fair hearing, including the delivery of a fair and speedy trial. There is little doubt that such delays in both the Executive and Judiciary contribute to the onset of death-row syndrome in the Condemned Section.

 

Dr Muron emphasised this point. “The main stress-factor affecting inmates on death-row is the criminal justice process. For those with mental illnesses, delays in the trial process often lead to relapse. It is frustrating for the prison staff and health workers to watch this happen.”

 

For mental health experts, the need for further urgent action is plain. As Dr Muron summarised, “what we need, is a fair system and the resources to investigate and provide justice in the courts of law. Highlighting the issue of death-row syndrome is a starting point. It sends a long-awaited message calling for change.”