Death Penalty Appeal
Since its foundation African Prisons Project (APP) has brought dignity, hope and education to prisoners living under deplorable conditions in Uganda. While APP endeavours to support prisoners in this way, there is one substantial obstacle: the death penalty. How can we give a prisoner hope when a noose awaits?
Since July 2003 the Death Penalty Project, a UK not-for-profit organisation, has been assisting Ugandan lawyers from Katende Ssempebwa and Co Advocates. Together, the lawyers have been representing the 417 death row prisoners who filed a petition with Uganda’s Constitutional Court to challenge the legality of the death penalty. APP has been working with death row prisoners in Luzira Prison since 2004, providing recreational and educational facilities, including a library. Prisoners have since achieved O levels and A levels.
In late 2007 a group of volunteers journeyed to Uganda to record the songs of the condemned. Freedom Cry, the resulting album, is a stirring, musical polemic. Click here to order a copy of the CD. APP has since been using Freedom Cry to raise the profile of the plight of inmates, especially those on death row.
The case represents a broad constitutional challenge. The petitioners argue that the death penalty is unconstitutional; that condemned prisoners have the right to a fair hearing before a mercy committee and the right to receive the determination of an international human rights body before a death penalty is enacted; that prisoners have the right to challenge the death penalty when an excessive delay has occurred between the passing and execution of the sentence; and that hanging as a method of execution is inhuman and therefore unconstitutional.
In June 2005 the Constitutional Court found in favour of the petitioners: the death penalty was unconstitutional and all death sentences were to be set aside. However, the attorney general filed an appeal against the decision. This appeal was due to be heard in the Supreme Court on 22 May 2008, however the hearing has been adjourned. No new date has been fixed for the hearing but it is expected to be held at the end of June or during July 2008.
Ugandan lawyers, supported by international human rights lawyers Keir Starmer QC of Doughty Street Chambers, and Parvais Jabbar and Saul Lehrfreund from the Death Penalty Project, are acting to have the Supreme Court uphold the earlier decision. Meanwhile, APP is raising the UK profile of the case and continuing to support prisoners on death row. In order for us to continue our work please click here to help however you can.
Click here for more information about the Death Penalty Project.