Lusaka
- A Zambian lawyer is seeking to
abolish the death penalty in a country in which the president and
human rights groups are united in their opposition to capital
punishment.
Kelvin
Hang'andu is representing two men on death row at the country's
maximum prison in Kabwe, about 150 km north of the capital, Lusaka.
They were sentenced in 2000, and since then the Supreme Court has
twice rejected his petition.
The
court reserved its judgment on the third appeal last month, and
advised the lawyer to make a submission to the Constitution Review
Commission (CRC).
Hang'andu
has cited Jesus Christ's death "on account of false testimony,"
to argue that there is no other way "society [can] permanently
eliminate the horrific prospect of executing innocent people, since
miscarriage of justice is an inseparable part of capital punishment".
Since
1964, when Zambia became independent, 53 people have reportedly been
executed by hanging. There are currently 246 prisoners on death row.
Benjamin
Banda and Cephas Kufa Miti, Hang'andu's clients, were sentenced to
death after being found guilty of aggravated robbery, but Miti has
since died in custody. The Supreme Court dismissed the appeals and
upheld their convictions, which allow for capital punishment.
The
lawyer has argued that his clients' death sentences are contrary to
the Zambian constitution on the grounds that hanging is inhuman and
degrading. Article 15 of the constitution states that "a person
shall not be subjected to torture or inhuman or degrading punishment,
or other like punishment".
"The
sentences of death imposed on the petitioners violates the treaties
signed by the Zambian government, and other international guidelines
requiring abolition of capital punishment in all United Nations
member states," he said.
The
petition of Hang'andu remaining client, Banda, has been boosted by
President Levy Mwanawasa's refusal to sign a death penalty as long
as he remains in office. To demonstrate his rejection of the death
penalty, Mwanawasa recently commuted the death sentences of 46 rebel
soldiers, convicted of treason after a foiled coup plot in 1997, to
long prison terms.
In
a press statement on the status of the death penalty in Africa this
week, Amnesty International noted that Mwanawasa had commuted 60
death sentences so far this year, and five Southern African
countries - Angola, Mauritius, Mozambique, Namibia and South Africa
- had abolished capital punishment since 1990.
Human
rights groups and a section of the church have called on Mwanawasa
to also do away with the death penalty, but he has instead urged
them to make submissions to the CRC.
"Poor
policing and forced confessions, which poor people are subjected, to
as well as poor legal representation ... does lead to wrongful
conviction and shedding of innocent people's blood," said
Chishimba Milongo, a spokesperson for the Catholic Commission for
Justice and Peace. "In the absence of statistics, but with some
vivid examples of rich people getting away with crime in Zambia, we
can assume that poor people do get convicted, even when innocent."
Supporters
of the death penalty have been quoted in the media as saying that it
should be used for decongesting prisons. Others, including some
church leaders, are adamant that the death penalty should remain in
force as a deterrent to would-be offenders.
Executive
director of the Inter-Africa Network for Human Rights, Ng'ande
Mwanajiti, pointed out that the death penalty had failed to reduce
crime in most jurisdictions.
With
the debate ongoing, the future of capital punishment will only be
known in August, when the CRC submits its findings to Mwanawasa.
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