An interview in a Nigerian periodical with the immediate past president of the Nigeria Society of Engineers states that the interviewee, Kassim Ali, advocates the death penalty for persons guilty of poor building design that leads to fatal building collapses. Ali stated that poor building design that leads to collapse is a "wilful killing" and the engineers often are not punished.
There are, of course, criminal penalties for structural building collapse for engineers in other parts of the world, and the article suggests that these codes are non-existent or underenforced in Nigeria. Ali's use of the death penalty in the interview highlights a strongly-held misconception, that the death penalty has a strong deterrent effect. In addition, his proposal relies on a negligence standard, and I think that a crime of negligence or constructive intent is insufficient grounds on which to base a death penalty charge.
Sunday, July 24, 2011
Zambia: Woman arrested in Pakistan for drug trafficking
A Zambian woman was arrested in Pakistan for drug trafficking in the amount of 250 grams of cocaine, a crime that could carry the death penalty, the Times of Zambia reported. The cocaine was apparently hidden in her uterus, and she was arrested by airport personnel as she was about to board a plane to Dubai. The article states that she risks a possible death penalty or a lengthy jail term, but it is not clear whether this choice is because the death penalty is discretionary in this case or whether the prosecution has not yet chosen whether to pursue a charge that carries a mandatory death sentence.
Interestingly, the article states that ten Zambian women have been arrested in the last six months in Asia and South America for trafficking in narcotics. The method by which the drugs were being transported in this case apparently was indicative of a certain drug cartel. I would be interested in finding further sources about the drug trade in Zambia and how it compares to the rest of Africa.
Interestingly, the article states that ten Zambian women have been arrested in the last six months in Asia and South America for trafficking in narcotics. The method by which the drugs were being transported in this case apparently was indicative of a certain drug cartel. I would be interested in finding further sources about the drug trade in Zambia and how it compares to the rest of Africa.
Kenya: Death row inmate killed
According to a Daily Nation article, an inmate on death row in Kenya was murdered by six other inmates, including one who was reportedly the victim's ex-lover. The other inmates were also on death row, for murder and violent robbery. The cause of death was strangulation, but the victim's body was also repeatedly lacerated by a razor blade. As motivation, a note was found with the body stating that the victim may have been an informant of some kind. The article also states that another inmate died last month at the same facility (Naivasha prison) after he was sexually abused.
I imagine statistics as to prison sexual abuse and violence against men who have sex with men (whether GLBT or otherwise) are difficult to come by in the African context, but if anyone knows of similar cases do let me know.
I imagine statistics as to prison sexual abuse and violence against men who have sex with men (whether GLBT or otherwise) are difficult to come by in the African context, but if anyone knows of similar cases do let me know.
Gambia: Amnesty urges dropping of treason charges
An Amnesty International press release has called for the dropping of treason charges against five democracy activists, whom AI characterizes as prisoners of conscience. According to the Gambian penal code, treason carries a death sentence. One of the five was tried in abstentia and is not in prison, and the other activists include the head of the former journalists' association and a former minister of information and communication. The case is at the prosecution stage; none have yet been convicted.
Gambia has a history of extrajudicial executions, but it is a de facto abolitionist state and has only carried out a judicial execution once (1981, for murder committed during a coup attempt, so technically not treason). Because the new Gambian constitution forbids the death penalty for any crime other than aggravated or premeditated murder (Art 18.2), it is not clear that the death penalty for treason is constitutionally operable. I am not sure that any Gambian defendant has raised a constitutional defense, or even if Amnesty is aware of it.
Gambia has a history of extrajudicial executions, but it is a de facto abolitionist state and has only carried out a judicial execution once (1981, for murder committed during a coup attempt, so technically not treason). Because the new Gambian constitution forbids the death penalty for any crime other than aggravated or premeditated murder (Art 18.2), it is not clear that the death penalty for treason is constitutionally operable. I am not sure that any Gambian defendant has raised a constitutional defense, or even if Amnesty is aware of it.
Wednesday, July 6, 2011
Kenya: Damages for Wrongful Incarceration
A former death row inmate in Kenya has won 2 million Kenyan shillings for "unlawful confinement," according to a Daily Nation article. He was sentenced to death after being convicted of robbery with violence which carries a mandatory death sentence in Kenya. On appeal, his sentence was reduced to six and a half years, presumably because the greater charge of robbery with violence did not stick (since until I hear otherwise, the death sentence is still mandatory for robbery with violence even after Mutiso v. Republic striking down the mandatory death penalty for murder). Apparently, his suit was based on the six extra months he spent in prison beyond when he completed his term. The court agreed, as would courts in most countries, that the former death row convict is entitled to tort damages for wrongful detention. I would be curious to know how frequently cases like this are actually litigated and how often the plaintiff (ex-defendant) prevails in a suit against the police commissioner and attorney general.
Tuesday, July 5, 2011
Zimbabwe: No Hangman
An article (from Inter Press Service news wire) explained that the 60-odd prisoners on death row in Zimbabwe cannot be executed because the country cannot find a hangman. This is actually not an unusual problem; a number of countries in Sub-Saharan Africa have precisely the same problem, and even India, a major retentionist country, has trouble finding one when needed. I have long believed that the death penalty is dying a slow death because of lack of supply, not necessarily lack of demand. As another example, the difficulty for state death rows in the United States in importing drugs necessary for lethal injection (especially considering export rules of the European Union, where many are produced) will ensure that the death penalty will continue to decline even in the United States.
The article interestingly states that Zimbabwe has a "moratorium on the death penalty" as the issue is still before the full cabinet. Zimbabwean public opinion is against the death penalty, which is aligned with precolonial Shona tradition, which did not employ the death penalty (but see Botswana, where the Tswana did perform the death penalty and public opinion still favors, which is an interesting juxtaposition). According to the deputy minister of justice, Zimbabweans shun the job of hangman for superstition and cultural reasons, because many people believe that the act of carrying out an execution brings "evil spirits" to the hangman and his family. The deputy minister of justice "castigated the death penalty describing it as a primitive and inhumane form of punishment" according to the article, and said that all prisoners should have their sentences commuted.
"Requirements" for the job, according to the article include dexterity in tying a knot and a cold-hearted person. The monthly salary is 300 dollars, which is extremely low, and the job is reserved for men only. "Zimbabwe's last hangman is said to be struggling with his conscience and claims to have regretted his job," according to the article. All in all, a fascinating piece describing public opinion, cultural attitudes, and the abolitionist opinions of a high-level government official.
The article interestingly states that Zimbabwe has a "moratorium on the death penalty" as the issue is still before the full cabinet. Zimbabwean public opinion is against the death penalty, which is aligned with precolonial Shona tradition, which did not employ the death penalty (but see Botswana, where the Tswana did perform the death penalty and public opinion still favors, which is an interesting juxtaposition). According to the deputy minister of justice, Zimbabweans shun the job of hangman for superstition and cultural reasons, because many people believe that the act of carrying out an execution brings "evil spirits" to the hangman and his family. The deputy minister of justice "castigated the death penalty describing it as a primitive and inhumane form of punishment" according to the article, and said that all prisoners should have their sentences commuted.
"Requirements" for the job, according to the article include dexterity in tying a knot and a cold-hearted person. The monthly salary is 300 dollars, which is extremely low, and the job is reserved for men only. "Zimbabwe's last hangman is said to be struggling with his conscience and claims to have regretted his job," according to the article. All in all, a fascinating piece describing public opinion, cultural attitudes, and the abolitionist opinions of a high-level government official.
Zambia: Death Sentence for Armed Robbery
The High Court of Zambia sitting in Kitwe sentenced Friday Mwamba, a 72 year old fisherman, to death for aggravated robbery. He stole a cell phone, a scarf, and a second cell phone, using a firearm in the robbery and threatening violence. According to the news report from the Times of Zambia (available here), Judge Rhodah Kaoma stated that the penalty for aggravated robbery was provided by law in Section 294(2) of the penal code and that the defendant had to receive a death sentence regardless of his age. Even more interestingly, the news report states that Mwamba did not say anything in mitigation.
Zambia possesses the Doctrine of Extenuating Circumstances like most other Southern African countries, so it does not have a strictly mandatory death sentence like the countries in East Africa. In other words, the burden shifts to the defendant to show why he or she should not be executed. Here, Mwamba did not say anything in mitigation, and therefore he could not carry his burden (although this result would not have occurred in Botswana, for instance, or Swaziland under its old constitution, where judges engage in searching review even where the defendant says nothing in mitigation). Here, the defendant's age would have been an obvious extenuating circumstance, as would the fact that no murder or grievous bodily injury was committed here. I am not sure why this decision seems so unrefined, because the sentence certainly seems disproportionate to the crime. One need not worry about Mr. Mwamba though; Zambia is a de facto abolitionist country and is unlikely ever to carry out another execution (in fact, Zambia abstained in the last United Nations vote on a moratorium on the death penalty).
Zambia possesses the Doctrine of Extenuating Circumstances like most other Southern African countries, so it does not have a strictly mandatory death sentence like the countries in East Africa. In other words, the burden shifts to the defendant to show why he or she should not be executed. Here, Mwamba did not say anything in mitigation, and therefore he could not carry his burden (although this result would not have occurred in Botswana, for instance, or Swaziland under its old constitution, where judges engage in searching review even where the defendant says nothing in mitigation). Here, the defendant's age would have been an obvious extenuating circumstance, as would the fact that no murder or grievous bodily injury was committed here. I am not sure why this decision seems so unrefined, because the sentence certainly seems disproportionate to the crime. One need not worry about Mr. Mwamba though; Zambia is a de facto abolitionist country and is unlikely ever to carry out another execution (in fact, Zambia abstained in the last United Nations vote on a moratorium on the death penalty).
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