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
you are in: no death penalty - news contact usnewsletterlink

Support The Community

 
October 12 2010 | THE GAMBIA

Gambia

Serious doubts on the constitutionality of the law providing death penalty for drug detention

 
printable version

FOROYAA Newspaper

Gambia: National Assembly Should Respect the Constitution Death Penalty for Drugs is Unconstitutional

Editorial

National Assembly members cannot make any law they wish. Whatever bill they pass must be in line with the constitutional provisions. The Constitution of the Gambia states under section 4 that "This Constitution is the supreme law of the Gambia and any other law found to be inconsistent with any provision of this constitution, shall to the extent of the inconsistency, be void." A seasoned National Assembly member must first gauge whether the provision of any bill is contradictory to the provisions of the Constitution or not before giving approval. Any provision which is contrary to a Constitutional provision should be rejected.

The question now arises: Why did Foroyaa say that the National Assembly should respect the Constitution?

Are we implying that the National Assembly does not respect the Constitution? Well let us put what we mean in black and white.

Section 17 subsection (1) of the Constitution states very clearly that "the fundamental human rights and freedoms enshrined in this chapter shall be respected and upheld by the organs of the Executive and its agencies, the Legislature and, where applicable to them by all natural and legal persons in the Gambia and shall be enforceable by the Courts in accordance with this constitution."

Now should the National Assembly pass a bill which imposes death penalty for trafficking in Cannabis and other drugs?

They should not if they respect the provision of section 18 subsection (2) of the Constitution which states that "As from the coming into force of this Constitution no court in the Gambia shall be competent to impose a sentence of death for any offence unless the sentence is prescribed by law and the offence involves violence or the administration of any toxic substance, resulting in the Death of another person."

Hence it is clear from this that the death penalty could only be imposed for offences involving violence or the administration of toxic substances which results in the death of another person.

It is therefore the best thing for the president not to assent to the bill but return it to the National Assembly for review.

In our view, the National Assembly should in fact respect the dictates of Section 18 Subsection (3) of the Constitution which states that " The National Assembly shall within ten years from the date of the coming into force of this Constitution review the desirability or otherwise of the total abolition of the death penalty in the Gambia." This is now the 13th Year since the Constitution came into force and the dictates of the Constitution is still honoured with disregard.

 

RELATED NEWS
November 2 2017
article by Andrea Riccardi

Death Penalty: Horror or Injustice


(Famiglia cristiana) translated in English
October 27 2017
UNITED STATES
From SOUTHERN CROSS - CATHOLIC PASTORAL CENTER

Three bishops reiterate their opposition to the death penalty following resolution of court case


Barbara D. King is the Director of Communications for the diocese of Savannah
October 27 2017
GUATEMALA

Guatemala high court abolishes death penalty in civil cases

October 18 2017

Back from Death Row: Working to End Capital Punishment

October 16 2017
UNITED STATES

U.N. Secretary-General, European Union Ambassador Call for Abolition of “Barbaric” Death Penalty

October 12 2017
VATICAN CITY, VATICAN CITY

Pope Francis calls for end to death penalty: '' it's against the Gospel''


"because it is voluntarily decided to suppress a human life that is always holy in the eyes of the Creator"
all related news

ASSOCIATED PRESS
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
all press-related

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

81 visits

239 visits

54 visits

63 visits

71 visits
all the related media