New Vision
UGANDA
-death
penalty to be abolished - Death
Sentence to Be Replaced
The
Government will soon replace death sentences on capital offences
with long jail terms, the Minister of Justice and Constitutional
Affairs, Janat Mukwaya has said.
Mukwaya
was speaking at a workshop on human rights for local councillors
in Mukono district held at Ntenjeru sub-county headquarters
recently.
"The
Government is considering scrapping the death sentence on capital
offences because it does not give the culprit time to reform. Long
jail terms will replace death penalty," she said.
Mukwaya
said the change would enable lower courts to handle similar cases
because the high courts had a large backlog of cases.
Mukwaya
said offences such as defilement and rape would be reduced from
death sentence to life imprisonment to allow the culprits to
reform.
"Death
sentences don't give people fair and just treatment. Everybody
deserves a 2nd chance," she said.
Participants
at the workshop called on the Government to sensitise the people
more on human rights.
Kampala:
THE
recent disclosure by the Minister of Justice and Constitutional
Affairs, Mrs Janat Mukwaya, that the death penalty is itself on
the brink of facing the guillotine is perhaps the best
human-interest story of the year.
According
to Mrs Mukwaya, the Government is considering scrapping the death
penalty currently imposed on those convicted of what is known as
capital offences. The death penalty will then be replaced by
lengthy terms of imprisonment.
The
story in the New Vision headlined "Death sentence to be
replaced" gave only defilement and rape as examples of cases
for which the punishment would be changed from the death sentence
to imprisonment.
But
in my contention, the abolishion of the death sentence has to
affect the whole range of offences for which the death penalty
applies under the current laws.
This
should include treason, murder, robbery with aggravation, et
cetra.
The
imposition of the death sentence is, in the 21st century, a very
old-fashioned mode of punishment, akin to Moses' Old Testament law
of "an eye for an eye" and "a tooth for a tooth."
The
argument for such punishment is that it gives the victims or their
relatives, in the case of murder, the satisfaction that the
culprit has been paid in his own coins. It is also argued that,
death being so frightening, the execution of culprit acts as a
deterrent.
But
there is no evidence to suggest that the death sentence has any
deterrent effect. In fact, a man who commits aggravated robbery
considers it safer to murder anybody in the house who sees him in
a bid to destroy the evidence of an eye-witness.
It
is a fact that cases of murder are more numerous in the
United
States
,
where the death penalty still exists, than in Britain
where it was abolished several decades ago.
You
cannot, for example, argue that Christopher Kasoma, the man who
hacked his eight children to death in Wakiso last week, had the
time to think about being sent to the gallows when convicted.
He
was determined to terminate the lives of his children as well as
his own. As Mrs Mukwaya pointed out, the death penalty does not
give the convict any opportunity to reform, whereas that should be
the basic purpose of all forms of punishment.
Another
negative aspect of the death penalty is its irreversibility. Once
the death sentence is carried out, nothing can be done even if
enormous evidence emerges which proves beyond all reasonable doubt
that the man who was executed was innocent.
Imagine
what would have happened in South Africa if Nelson Mandela had
been sentenced to death and executed by the cruel apartheid
regime, a sentence which he escaped miraculously by a whisker.
Twenty-six
years in jail was indeed a very long time, but not too long for
Mandela to come out and become
South
Africa
's
first black President.
The
theory that every killer must pay for his crime by being killed
cannot pass the humanitarian criterion for social administration.
It is because humanity has to consider bandits, thugs, and other
criminal perpetrators such as Joseph Kony as part of mankind, that
amnesty is made available to those who kill, maim and torture
their own people.
It
is against that backdrop that I would appeal to the Government to
hasten the scrapping of capital punishment for any offence under
the sun.
Of
course, it will take sometime to amend all the relevant laws on
our statute books. But there is one thing the President can do
immediately which does not need any amendment of any law.
Let
him commute all death sentences pending against everybody on the
death row to life imprisonment (or in some special cases various
terms of imprisonment) and ensure that the hangman is out of
business in Uganda
.
Kampala
THE
death penalty will still be imposed on men who defile girls below
nine years and those guilty of capital offences.
The
Ministry of Justice and Constitutional Affairs has clarified that
the death sentence will only be replaced with life imprisonment
for those who defiled girls between 10 to 17 years.
The
New Vision last Friday reported that justice minister Janat
Mukwaya told Mukono district councillors during a workshop that
the death sentence would be scrapped.
A
statement from the ministry said Mukwaya was only responding to a
participant's question from why a boy who defiles a girl is
treated differently when both were regarded as children under the
Children's Statute.
The
statement signed by Dennis Byaruhanga, an aide to Mukwaya, said
the law would be amended to recognise both girls and boys as
children and hence create equality in the way they are handled.
It
said said the law on defilement would be amended so that the death
sentence still applied to those who defile children below nine
years whereas those who defile children between 10 and 17 years
would face life imprisonment.
The
statement said the lower courts would handle defilement cases
involving girls between 10 and 17 years.
UGANDA:
Good
news: Death sentence is going -- THE OTHER SIDE OF THE COIN
The
recent disclosure by the Minister of Justice and Constitutional
Affairs, Mrs Janat Mukwaya, that the death penalty is itself on
the brink of facing the guillotine is perhaps the best
human-interest story of the year.
According
to Mrs Mukwaya, the Government is considering scrapping the death
penalty currently imposed on those convicted of what is known as
capital offences. The death penalty will then be replaced by
lengthy terms of imprisonment.
The
story in the New Vision headlined Death sentence to be replaced
gave only defilement and rape as examples of cases for which the
punishment would be changed from the death sentence to
imprisonment.
But
in my contention, the abolishion of the death sentence has to
affect the whole range of offences for which the death penalty
applies under the current laws.
This
should include treason, murder, robbery with aggravation, et
cetra.
The
imposition of the death sentence is, in the 21st century, a very
old-fashioned mode of punishment, akin to Moses Old Testament law
of an eye for an eye and a tooth for a tooth.
The
argument for such punishment is that it gives the victims or their
relatives, in the case of murder, the satisfaction that the
culprit has been paid in his own coins. It is also argued that,
death being so frightening, the execution of culprit acts as a
deterrent.
But
there is no evidence to suggest that the death sentence has any
deterrent effect. In fact, a man who commits aggravated robbery
considers it safer to murder anybody in the house who sees him in
a bid to destroy the evidence of an eye-witness.
It
is a fact that cases of murder are more numerous in the
United
States
,
where the death penalty still exists, than in Britain
where it was abolished several decades ago.
You
cannot, for example, argue that Christopher Kasoma, the man who
hacked his eight children to death in Wakiso last week, had the
time to think about being sent to the gallows when convicted.
He
was determined to terminate the lives of his children as well as
his own. As Mrs Mukwaya pointed out, the death penalty does not
give the convict any opportunity to reform, whereas that should be
the basic purpose of all forms of punishment.
Another
negative aspect of the death penalty is its irreversibility. Once
the death sentence is carried out, nothing can be done even if
enormous evidence emerges which proves beyond all reasonable doubt
that the man who was executed was innocent.
Imagine
what would have happened in South Africa if Nelson Mandela had
been sentenced to death and executed by the cruel apartheid
regime, a sentence which he escaped miraculously by a whisker.
Twenty-six
years in jail was indeed a very long time, but not too long for
Mandela to come out and become South Africas 1st black President.
The
theory that every killer must pay for his crime by being killed
cannot pass the humanitarian criterion for social administration.
It is because humanity has to consider bandits, thugs, and other
criminal perpetrators such as Joseph Kony as part of mankind, that
amnesty is made available to those who kill, maim and torture
their own people.
It
is against that backdrop that I would appeal to the Government to
hasten the scrapping of capital punishment for any offence under
the sun.
Of
course, it will take sometime to amend all the relevant laws on
our statute books. But there is one thing the President can do
immediately which does not need any amendment of any law.
Let
him commute all death sentences pending against everybody on the
death row to life imprisonment (or in some special cases various
terms of imprisonment) and ensure that the hangman is out of
business in Uganda
.
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