Death penalty should be abolished â€" EU
Oct 13, 2009
October 10 was the International Day against the Death Penalty. The European Union (EU) reiterates its longstanding opposition to the death penalty under all circumstances. The EU has consistently asked for its universal abolition.
By Johnson Anders
October 10 was the International Day against the Death Penalty. The European Union (EU) reiterates its longstanding opposition to the death penalty under all circumstances. The EU has consistently asked for its universal abolition.
When the Universal Declaration on Human Rights was adopted in 1948, eight countries had abolished the death penalty for all crimes. Today, 139 countries from all regions of the world, or more than two thirds of the world’s countries, have done so in law or in practice and only 25 countries carried out executions in 2008. Since the year 2000, on average, more than two countries a year have moved to abolish the death penalty.
Without a doubt there is a worldwide tendency to abolish the death penalty.
In 2007, as a result of a cross-regional initiative, the UN General Assembly adopted a resolution on a moratorium on the use of the death penalty. The resolution sparked debates in countries and regions where the death penalty is still in use. For example, following the adoption of this resolution, the African Commission on Human and People’s Rights adopted a resolution reaffirming the regional level of the General Assembly Resolution.
The EU welcomes Uganda’s de facto moratorium on executions and would like to encourage the Government of Uganda to commit itself to permanent abolition of the death penalty.
Without such a permanent abolition, distressing situations like the one involving juvenile convicts will continue to exist. Currently, there are 17 juveniles in Luzira prison who were sentenced to death at different times several years ago. Some of them are now adults, but as juveniles, have had to share prison cells with adult convicts.
For years they have lived and grown up in this environment awaiting a ministerial decision or counsel on their fate because the law does not permit execution of a convict below 18 years of age. The EU would like to encourage some finality on their fate. Despite the moratorium on the death penalty, the case of these individuals who were sentenced as juveniles reveals practical challenges that need to be addressed urgently especially where juveniles are involved.
The EU recognises efforts by the Ugandan civil society in lobbying for the abolition of the death penalty. The Supreme Court, on January 21, 2009, ruled that mandatory death sentences are inconsistent with the constitution of Uganda. The court further ruled that delays in execution of a sentence for more than three years constitute inordinate delays and, therefore, the death sentence shall be deemed to be commuted to life imprisonment without remission.
The EU recognises these developments and calls upon the Government of Uganda to implement these as per the court ruling.
The EU also observes that the Military court martial continues to hand out death sentences and the EU expresses its deep concern about this.
The EU’s position is that the abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights.
The EU views the death penalty as a cruel and inhuman punishment. It provides no added value in terms of deterrence, and any miscarriage of justice, which is inevitable in any legal system, is irreversible.
The writer is an ambassador
of the EU-presidency, on behalf of the EU Heads of Missions
in Kampala
[- Send a topical opinion with your picture to guestwriter@newvision.co.ug. We take 600 words only]
October 10 was the International Day against the Death Penalty. The European Union (EU) reiterates its longstanding opposition to the death penalty under all circumstances. The EU has consistently asked for its universal abolition.
When the Universal Declaration on Human Rights was adopted in 1948, eight countries had abolished the death penalty for all crimes. Today, 139 countries from all regions of the world, or more than two thirds of the world’s countries, have done so in law or in practice and only 25 countries carried out executions in 2008. Since the year 2000, on average, more than two countries a year have moved to abolish the death penalty.
Without a doubt there is a worldwide tendency to abolish the death penalty.
In 2007, as a result of a cross-regional initiative, the UN General Assembly adopted a resolution on a moratorium on the use of the death penalty. The resolution sparked debates in countries and regions where the death penalty is still in use. For example, following the adoption of this resolution, the African Commission on Human and People’s Rights adopted a resolution reaffirming the regional level of the General Assembly Resolution.
The EU welcomes Uganda’s de facto moratorium on executions and would like to encourage the Government of Uganda to commit itself to permanent abolition of the death penalty.
Without such a permanent abolition, distressing situations like the one involving juvenile convicts will continue to exist. Currently, there are 17 juveniles in Luzira prison who were sentenced to death at different times several years ago. Some of them are now adults, but as juveniles, have had to share prison cells with adult convicts.
For years they have lived and grown up in this environment awaiting a ministerial decision or counsel on their fate because the law does not permit execution of a convict below 18 years of age. The EU would like to encourage some finality on their fate. Despite the moratorium on the death penalty, the case of these individuals who were sentenced as juveniles reveals practical challenges that need to be addressed urgently especially where juveniles are involved.
The EU recognises efforts by the Ugandan civil society in lobbying for the abolition of the death penalty. The Supreme Court, on January 21, 2009, ruled that mandatory death sentences are inconsistent with the constitution of Uganda. The court further ruled that delays in execution of a sentence for more than three years constitute inordinate delays and, therefore, the death sentence shall be deemed to be commuted to life imprisonment without remission.
The EU recognises these developments and calls upon the Government of Uganda to implement these as per the court ruling.
The EU also observes that the Military court martial continues to hand out death sentences and the EU expresses its deep concern about this.
The EU’s position is that the abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights.
The EU views the death penalty as a cruel and inhuman punishment. It provides no added value in terms of deterrence, and any miscarriage of justice, which is inevitable in any legal system, is irreversible.
The writer is an ambassador
of the EU-presidency, on behalf of the EU Heads of Missions
in Kampala
[- Send a topical opinion with your picture to guestwriter@newvision.co.ug. We take 600 words only]