The Death Penalty: is it appropriate

By: Wilfred Murumba
Former Principal State Attorney

Death, the ultimate punishment for murder has existed in Uganda, since time immemorial. Before the onset of colonial rule, the legal systems that existed in Uganda abhorred homicide and perpetuators were promptly executed.

Today, the death penalty is provided for in our statute books and the constitution. These provisions are generally in accordance with the will of the people; the death penalty being existent only because it reflects the attitudes of the society.

In Uganda, murders are committed by people who consciously and intentionally decide to eliminate their enemies or rivals in business or politics, or land or employment or by those hired for money or other incentives to eliminate innocent people. It is for this reason that society finds it appropriate that whoever deliberately takes the life of another, should lose his or her own. I am aware of the international attitude against capital punishment and the campaign for abolition of the death sentence.While the chief campaigners for the abolition insist that the death penalty is inhuman, little regard is given to the victims of the wanton murders.

The entire process of homicide detection and prosecution in Uganda is subjected to well established procedural protections accorded to an accused. These procedures ensure that the imposition of the punishment is not frivolous. For instance:

1. Any person accused of crime in Uganda once taken into custody is entitled to warnings about statement and charges against him.
2. Searches and seizers of evidence are greatly restricted by the constitution and police officers must obtain search warrants.
3. The suspect is entitled to have a lawyer present during police questioning, or identification parade.
4. Every case is sanctioned by the DPP before a suspect is taken to court as an internal policy to ensure fair play.
5. During the trial, a suspect is entitled to a defence lawyer and if he cannot afford, the government pays for a state brief.
6. An accused is presumed innocent until found guilty.
7. The trial itself is a complex of procedural hurdles for the prosecution and of protection for the presumed innocent accused.
8. In the event of a death sentence after trial, there are automatic appeals, which go to the highest tribunal in the jurisdiction (supreme court).
9. Lastly, the President has the power to grant pardon and offer clemency in appropriate circumstances under Article 121(4) of the constitution.

The arguments against the death penalty are premised on issues like; that it violates contemporary standards of decency, that the death penalty is a disproportionate punishment and that it serves no Pena logical purpose.

However the crux of the matter is debatable i.e. to chose between the horror of a death sentence to a convict and the horror inflicted on a victim of crime. My submission is that contemporary standards of morality in Uganda consider capital punishment to be an appropriate penalty for murder and aggravated robbery. Two top DPP prosecutors discussing a case.