The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 45
Paragraphe- Paragraph text
- The Human Rights Committee and national courts have recognized the existence of the death row phenomenon as a possible breach of article 7 of the Covenant. The African system provides substantial evidence for this claim. In Catholic Commissioner for Justice and Peace in Zimbabwe v. Attorney General and Others (1993) the Supreme Court recognized judicial and academic acceptance of the existence of the death row phenomenon. The Court held that, having regard to judicial and academic consensus concerning the death row phenomenon, the prolonged delays and the harsh conditions of incarceration, a sufficient degree of seriousness had been attained to entitle the applicant to invoke the protection afforded by the Constitution under section 15, paragraph 1 (concerning the prohibition of torture and inhuman or degrading punishment). The Court held that 52 and 72 months, respectively, on death row constituted a violation of the prohibition of torture and would render an actual execution unconstitutional. In Attorney General v. Susan Kigula (2009), the Supreme Court of Uganda acknowledged that a prolonged stay on death row constituted cruel and inhuman treatment. The Court found that execution after an inordinate delay would be inconsistent with the Ugandan Constitution which ensures freedom from torture and cruel, inhuman or degrading treatment or punishment.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
- Type de paragraphe
- Other
- Paragraph number
- 45
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