Donations to the Community of Sant'Egidio are tax deductible
under current regulations

Also this year it can target the 5x1000 to the Community of Sant'Egidio
Write the number 80191770587 in the tax return

Andrea Riccardi: on the web

Andrea Riccardi: on social networks

Andrea Riccardi: press review

change language
sei in: no death penalty - news newslettercontact uslink

Sostieni la Comunità

 
August 19 2010 | KENYA

Kenya

Important judgement highlights unfairness and cruelty of the death penalty. New hopes for an official moratorium

 
versione stampabile

Amnesty International

Kenya: Important judgement highlights unfairness and cruelty of the death penalty in the country

Amnesty International welcomes the judgement delivered on 30 July 2010 by the Court of Appeal of Kenya, declaring mandatory death penalty for murder as inconsistent with the spirit and letter of the constitution and raising important questions on the application of the death penalty in the country.

The judgement, delivered unanimously by a three-judges bench, ruled that Section 204 of the Penal Code, which provides for a mandatory death sentence in murder cases, is “antithetical to the Constitutional provisions on the protection against inhuman or degrading punishment or treatment and fair trial”, as it does not provide individuals concerned with an opportunity to mitigate their death sentences.

The cases of the appellant Godfrey Ngotho Mutiso as well as of other prisoners who had been sentenced to death for murder will now have to be re-examined by the High Court of Kenya, to allow for consideration of mitigating factors in their cases.

The importance of this judgement, however, is not limited to the elimination of mandatory death penalty for murder. While reaffirming that the Constitution recognises the death penalty as a lawful form of punishment, the judgment highly contributes to the debate on the issue of capital punishment in Kenya by raising important points.

The Court also expressly states that the reasoning behind its rejection of the mandatory death penalty in this case might also apply to other capital crimes contemplated in the Penal Code, such as treason, robbery with violence and attempted robbery with violence.

It also raises the question of the “obvious injustice of the death row syndrome,” by making reference to a recent judgment issued by the Ugandan Constitutional Court which found that prolonged periods on death row amount to cruel, inhuman or degrading treatment.

The new Constitution, which was approved in a referendum on 4 August 2010, regrettably retains a provision that allows for the imposition of the death penalty. In the judgment issued on 30 July, the judges observe that “human society is constantly evolving and therefore the law, which all civilized societies must live under, must evolve in tandem”. While taking note of the retention of the death penalty in the draft Constitution, the judgement concludes that “the dynamism of society will take care of future developments.

Amnesty International welcomes the judgment making the mandatory death penalty for murder unconstitutional and urges the authorities of Kenya to immediately:

          set up procedures to allow for reconsideration by the High Court of the cases of all prisoners who had been mandatorily sentenced to death for murder;

          amend provisions in the Penal Code allowing for the mandatory imposition of the death penalty for treason, robbery with violence  and attempted robbery with violence;

          establish an official moratorium on executions, in line with United Nations General Assembly resolutions 62/149 and 63/168 and African Commission on Human and Peoples’ Rights resolution calling on state parties to the African Charter on Human and Peoples’ Rights to observe the moratorium on the death penalty (ACHPR/Res.136(XXXXIIII).08)

          commute all death sentences in the country to terms of imprisonment;

          promote in the country a meaningful debate on the application of the death penalty with a view to abolishing it.

Background information

The judgement was delivered by the Court of Appeal of Kenya following in the appeal of Godfrey Ngotho Mutiso vs. Republic Kenya, which was first heard on 19 January 2009.  The last execution in Kenya was carried out in 1987. In August 2009 the President commuted to life imprisonment the death sentences of more than 4,000 prisoners while stating that an “extended stay on death row causes undue mental anguish and suffering, psychological trauma, anxiety, while it may as well constitute inhuman treatment”.

NEWS CORRELATE
November 14 2018
NEW YORK, UNITED STATES

Third Committee (Social, Humanitarian, Cultural) Approves Death Penalty Moratorium


Approved as amended by a recorded vote of 123 in favour to 36 against, with 30 abstentions
November 3 2018
GERMANY
The death penalty in Germany was canceled by the judiciary of the Federal Republic in 1949, while in the Democratic Republic it was abolished in 1987

The German state of Hesse has voted to finally scrap the death penalty from its constitution

October 12 2018
UNITED STATES
OLYMPIA, Wash. (AP)

Washington state ends 'racially biased' death penalty


Washington's Supreme Court unanimously struck down the state's death penalty Thursday as arbitrary and racially biased, making it the 20th state to do away with capital punishment.
October 10 2018
RUSSIA

Belarusian Orthodox church supports moratorium on death penalty

October 10 2018
by dp.Spring96

Treatment of death row prisoners in Belarus


While on death row, convicts face a number of violations of their rights. During their one monthly visit with a family member, they are forbidden from referring to detention conditions
September 27 2018
UNITED STATES
We thank all those who believed in human justice and who chose to respect life

Texas Executes Troy Clark on September 26, 2018, he was 51 years old


The Texas Board of Pardons and Paroles had rejected a request for clemency from Troy Clark.
tutte le news correlate

RASSEGNA STAMPA CORRELATA
November 28 2016
AP

High court to examine mental disability, death penalty issue
November 12 2016
Internazionale

Si rafforza la pena di morte negli Stati Uniti
November 11 2016

Al liceo classico “Socrate” di Bari, conferenza “Non c’è giustizia senza vita”
October 24 2016
New York Times

The Death Penalty, Nearing Its End
June 4 2016
The Washington Post

Meet the red-state conservatives fighting to abolish the death penalty
tutta la rassegna stampa correlata

VIDEO FOTO
53
Video promo Cities for Life 2015
3:22

99 visite

246 visite

61 visite

72 visite

77 visite
tutta i media correlati