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Uganda death penalty ban rejected Uganda court keeps death penalty
(about 2 hours later)
Uganda's Supreme Court has ruled that the death penalty is constitutional, overturning a ruling by a lower court. Uganda's Supreme Court has ruled in a case involving more than 400 death row inmates that the death penalty is constitutional.
In 2005, 400 death row inmates won a case in the Constitutional Court seeking to abolish the death penalty. However, it said that hanging was cruel and recommended that parliament consider another means of execution.
But judges agreed with the lower court that it was unreasonable to keep people on death row for more than three years. The judges also said it was unreasonable to keep convicts on death row for more than three years.
It means most of the death row prisoners who brought the original case will have their sentences commuted to life imprisonment. It means most of the prisoners involved in the case will have their sentences commuted to life in prison.
Although the death penalty has not been used since 1999, the court said it acted as a deterrent to murder.Although the death penalty has not been used since 1999, the court said it acted as a deterrent to murder.
Hanging as a method of execution as it is carried out in Uganda is a cruel, inhuman and degrading punishment Justice Egonda-NtendeHanging as a method of execution as it is carried out in Uganda is a cruel, inhuman and degrading punishment Justice Egonda-Ntende
However, the judges also ruled that a mandatory death sentence – a legal term meaning that the penalty for murder is automatically death - was unconstitutional. But the judges also ruled that a mandatory death sentence - a legal term meaning that the penalty for murder is automatically death - was unconstitutional.
And they asked parliament to consider another means of execution other than hanging. Parliament was asked to consider a means of execution other than hanging.
"I would agree with the respondents that hanging as a method of execution as it is carried out in Uganda is a cruel, inhuman and degrading punishment," Justice Egonda-Ntende said."I would agree with the respondents that hanging as a method of execution as it is carried out in Uganda is a cruel, inhuman and degrading punishment," Justice Egonda-Ntende said.
WeepingWeeping
The BBC's Joshua Mmali in the capital, Kampala, says four prisoners were in court for the ruling.The BBC's Joshua Mmali in the capital, Kampala, says four prisoners were in court for the ruling.
Susan Kigula, the woman who led the other prisoners in filing the original petition, wept painfully as the actual implications of the ruling dawned on her.Susan Kigula, the woman who led the other prisoners in filing the original petition, wept painfully as the actual implications of the ruling dawned on her.
Our reporter says whereas fellow petitioners on death row may escape the death penalty following the ruling, her plight is still unclear.Our reporter says whereas fellow petitioners on death row may escape the death penalty following the ruling, her plight is still unclear.
Her death sentence was only confirmed by an appeal court about a year ago.Her death sentence was only confirmed by an appeal court about a year ago.
It means she could still be hanged within the next two years, unless the president pardons her under the presidential prerogative of mercy.It means she could still be hanged within the next two years, unless the president pardons her under the presidential prerogative of mercy.
The prisoners' appeal was supported by Ugandan human rights groups.The prisoners' appeal was supported by Ugandan human rights groups.
The attorney general had sought to overturn the 2005 Constitutional Court ruling. The Supreme Court's decisions reaffirmed the verdict of the Constitutional Court in 2005.
The attorney general had sought to overturn the 2005 ruling on the mandatory death penalty.