A/HRC/24/18
39.
The United Nations Political Office in Somalia reported that military courts in
Puntland and Somaliland continued to impose the death penalty against individuals accused
of a broad range of crimes provided under their anti-terrorism laws. For instance, in March
2013, the Nugaal Military Court in Puntland sentenced to death two men who were accused
of possession of explosives, wires and detonators under Section 7 of the Puntland AntiTerrorism Law of 2010. In April 2013, the military authority in Puntland executed 13
individuals suspected of links with a terrorist organization.
3.
Mandatory use of the death penalty
40.
In accordance with international human rights jurisprudence, the mandatory use of
the death penalty is not compatible with the limitation of capital punishment to the “most
serious crimes”.36 However, mandatory death sentences continued to be imposed in
Barbados, India, Malaysia, Maldives, Pakistan, Singapore, Thailand, and Trinidad and
Tobago.37
41.
During the period under review, human rights treaty bodies continued to address the
issue of mandatory death penalty. For instance, the Human Rights Committee
recommended that Maldives remove mandatory death penalties from its statute
(CCPR/C/MDV/CO/1, para.13).
42.
In October 2012, the High Court of Lagos in Nigeria ruled that the mandatory
imposition of the death penalty was unconstitutional. The Court declared that “the
prescription of mandatory death penalty for offences such as armed robbery and murder
contravenes the right of the applicants to dignity of human person and their right not to be
subjected to inhuman or degrading punishment under S.34 of the constitution of the Federal
Republic of Nigeria, 1999”.38
43.
In January 2013, the High Court at Kisumu in Kenya ruled that the death penalty for
robbery with violence and attempted robbery with violence should be interpreted as a
discretionary, and not a mandatory, sentence. The Court held that the mandatory death
sentence does not provide the individual concerned with an opportunity to mitigate and
therefore attain a fair trial. 39
44.
In Uganda, a bill is reported to have been proposed to amend the Penal Code Act,
the Anti-Terrorism Act and the Uganda Peoples Defence Forces Act, which impose
mandatory death penalty sentences. Efforts are also currently underway to develop
sentencing guidelines intended to facilitate the exercise of judicial sentencing powers. In
particular, the draft Guidelines include special rules of mitigation and encourage the death
sentence to be issued only in exceptional circumstances.
36
37
38
39
10
See Rolando v. Philippines (CCPR/C/82/D/1110/2002, para. 5.2); Rayos v. Philippines
(CCPR/C/81/D/1167/2003, para. 7.2); Hussain and Singh v. Guyana (CCPR/C/85/D/862/1999, para.
6.2); Chisanga v. Zambia (CCPR/C/85/D/1132/2002, para. 7.4); Chan v. Guyana
(CCPR/C/85/D/913/2000, para. 6.5); Larrañaga v. Philippines (CCPR/C/87/D/1421/2005, para. 7.2);
Persaud and Rampersaud v. Guyana (CCPR/C/86/D/812/1998/Rev.1, para. 7.2); Weerawansa v. Sri
Lanka (CCPR/C/95/D/1406/2005, para. 7.2).
Amnesty International, op. cit., p. 11.
James Ajulu & others v. Attorney General of Lagos State, Suit No. ID/76M/2008, October 2012
Ayub Bainito & others v. Attorney General of Kenya, Petition No.2 of 211 in the High Court of
Kenya at Kisumu, Republic of Kenya; judgement issued on 28 January 2013.
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