By Cynthia Ampairwe
Fourth
year Law student, Makerere University, also an intern at FHRI
Makerere University
Today, one of the most debated issues in the
Criminal Justice system is the issue of capital punishment or the death
penalty. Over the years, a number of countries have abolished the death
penalty. However, Uganda still
recognizes its imposition for the most serious offences. It is for this reason
that this has become one of the major areas of contention especially in the
Human Rights perspective. It is a topic of interest not only to the lawyers but
also to the public at large. The article therefore presents the current
situation in Uganda as regards the abolition of the death penalty. It presents
the major reasons that have been given in support of the death penalty;
deterrence and retribution. It goes ahead to show how these arguments have not
been effective in other countries as well as Uganda. Conversely, more
convincing arguments have been raised for its abolition amongst which is the
argument that it is a violation of human rights. The article also presents a
brief on Jeremy Bentham’s theory of punishment. Finally, this article points the way forward.
The author argues that publicity and the need for a constitutional review
should be the major concerns as we move towards total abolition of the death
penalty in Uganda.
INTRODUCTION.
History shows
that the view of every nation regarding the infliction of the death punishment
have, in the process of time undergone significant changes. There is a growing
trend towards the universal abolition of the death penalty and a restriction in
the scope and use of capital punishment over the last fifty years.[1] Of
the 198 states in the world, 58 retain the death penalty, 98 are abolitionist
for all crimes, 7 are abolitionist for ordinary crimes, and 35 are abolitionist
in practice (retaining the death penalty but having not executed anyone during
the past 10 years).[2]
The vast majority of countries in Africa have moved
away from the death penalty while a small, isolated group continues to cling to
state-sanctioned killing. 16 of the member states of the African Union are
abolitionist in law. Gabon is the latest country to abolish the death penalty;
others include Angola, Burundi, Senegal, Cape Verde, Ivory Coast, Djibouti,
Gabon, Guinea-Bissau, Mozambique, Namibia, Rwanda, Seychelles, South Africa,
Togo, and Mauritius.[3]
During the year (2013), many states across Africa
took small but significant steps towards abolition. New constitutions were
drafted in Ghana and Sierra Leone to end capital punishment, Both Benin and
Comoros are considering new penal codes that would abolish the death penalty
for all crimes. However, there was still an increase in executions in 2013.
Nigeria, Sudan, Somalia were behind more than 90% of the 64 reported executions
carried out in Africa in 2013. They are also accounted for two-thirds of all
reported death sentences in the region with dramatic increases especially in
Nigeria and Somalia.[4]
