Stop Death Penalty â€" FHRI

Jun 28, 2003

THE Foundation for Human Rights Initiative (FHRI) is leading the constitutional petition against the death penalty,

THE Foundation for Human Rights Initiative (FHRI) is leading the constitutional petition against the death penalty, reports Jude Etyang.

FHRI director Livingstone Sewanyana on Thursday told The New Vision that the organisation had given instructions to a team of lawyers to file the petition in the Constitutional Court. The team is led by John Katende and Peter Walubiri.

Over 260 of the 400 death row inmates countrywide have been interviewed as part of the ground work for the petition, which is to be filed in two weeks’ time.

Sewanyana said the petition seeks an interpretation which declares that the death penalty contravenes Article 24 of the Constitution. He said the petition will pitch two contradicting articles of the Constitution; Article 24 and Article 22 for interpretation.

Article 22 says no person shall be deprived of life intentionally except in execution of a sentence passed by a court of competent jurisdiction in respect a criminal offence under the laws of Uganda and the conviction and sentence have been confirmed by the highest appellate court.

Article 24 states that, “No person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment.”

Sewanyana’s argument is that the Constitutional Court should declare that Article 24 is absolute and takes precedence over Article 22, which accommodates the death penalty.
He said death row inmates and prison warders were going to swear affidavits in support of the petition to demonstrate the inhuman and degrading nature of the death penalty.

Sewanyana said FHRI’s objective is to promote the rule of law, culture of respect and a humane way of treating people.
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